Avner

By a document entitled Order of Dismissal after Sustaining of Demurrer without Leave to Amend and Order Permitting Limited Amendment, the dismissal of plaintiffs’ first six causes of action was ordered. (Code Civ. Proc., § 581, subd. 3.) Amendment of the complaint as to the seventh and eighth causes of action directed against defendant Warren Company, who is not a party to this appeal, was permitted. The appeal is being taken from the judgment of dismissal in favor of defendants.

The complaint as to which the demurrers were sustained and which is before us for consideration is captioned “Amendment to First Amended Complaint.” It restates the first five causes of action of the first amended complaint and adds thereto three additional causes of action. Since the apparent intent was to supersede entirely the first amended complaint, it properly should have been captioned “Second Amended Complaint. ’ ’

Facts Alleged

Sometime prior to 1960, defendant Longridge Estates (Longridge) owned hillside property in the Santa Monica Mountains, Los Angeles County, and developed it into a tract of residential lots. Defendants D. S. Hamner (Plamner) and Donald R. Warren Company (Warren) did the…