Gordon Bldg. Corp. v. Gibraltar Sav. & Loan Assn.

The trial court sustained a demurrer to the second amended cross-complaint of the appellant herein without leave to amend and entered a judgment of dismissal based on its determination. The cross-complainant, Gordon Building Corporation, appeals from that judgment. We concur with the trial court that “ [I]t is not possible for Cross-Complainant to state any cause of action on any theory against Cross-Defendant Gibraltar Savings and Loan Association. ...”

Paintcraft Painting Co., Inc., hereinafter called Paintcraft, initiated the action from which this appeal evolved by filing a complaint against Gordon Building Corporation, hereinafter called Gordon, for money due and OAving for labor and materials furnished to certain residential properties under contracts with Gordon. Gordon, in turn, instituted by cross-complaint an action against Paintcraft and various other defendants including Gibraltar Savings and Loan Association, hereinafter called Gibraltar, as lender and BrentvieAV Builders as OAvner and developer of certain residential building lots. The second amended cross-complaint alleges that cross-defendants were at all times acting with Gordon and “within the purpose and scope”…