Greenberg

Plaintiff filed a complaint on November 13, 1967, alleging five causes of action against defendants. Six of the eight defendants countered with demurrers. Taken together the demurrers attacked all of plaintiff’s alleged causes of action. On February 8, 1968, all demurrers were sustained “on the grounds stated therein.” Leave to amend was granted. Plaintiff failed to amend and, on June 3, 1968, the action was dismissed under section 581, subdivision 3 of the Code of Civil Procedure as to defendants Hollywood Turf Club (“Hollywood”), Stewart, California Horse Racing Board (“the Board”), Hills, Komik and Fluor. Plaintiff has appealed.

There are two groups of defendants on appeal. The first consists of Hollywood and Stewart, its alleged agent. The second group is comprised of the Board and its members, Hills, Kornik and Fluor.

The alleged facts common to all counts of the complaint are these: Plaintiff is a trainer of horses and stable agent licensed to practice in both capacities by the Board. On or about May 3, 1967, he secured employment with one Michael Millerick, a licensed trainer of horses, who had previously obtained stable space at the Hollywood Park race track,…