Brooker

Plaintiffs appeal from a judgment entered after an order for summary judgment was granted by the trial court against each of the plaintiffs-appellants herein and in favor of the defendant-respondent El Encino Company, a corporation doing business as The Four Winds Restaurant. Basically, the respondent’s motion was in the na .ture of a demurrer, but because there were allegations of agency between defendant Four Winds and the other defendants in the action, defendant Four Winds filed an affidavit negating agency, which affidavit was not controverted by the appellants. After the agency allegations were removed by ■ this method, the court held, as a matter of law, that the complaint did not state a cause of action against defendant Four Winds.

Generally, the complaint alleges that on the evening of September 10, 1960, defendant Emmet D. Hurley, Jr. drove his 1959 Thunderbird automobile to The Four Winds Restaurant where it was parked by one of respondent’s employees in respondent’s parking lot. There the Thunderbird was left unlocked, unattended and with the keys in the ignition. Subsequently, defendant Peter G. Kliek stole the car from the restaurant parking lot without hindrance…