Karp

Plaintiffs appeal from judgments which were entered in favor of those four defendants who are the respondents herein, upon the sustaining of their general and special demurrers to the third amended complaint without leave to amend.

Appellants concede that the special demurrers are good and their present counsel asks leave to amend. Respondents clarify their position by stating that we “need only consider if the third verified amended complaint states a cause of action.” In other words, respondents do not contend that mere defects of form would at this time justify the lower court’s refusal to allow appellants another opportunity to amend their pleadings. Respondents concede that, in the instant case, "To sustain a special demurrer without leave to amend, when the complaint can be amended to state a good cause of action, is an abuse of discretion.” (See Guilliams v. Hollywood Hospital, 18 Cal.2d 97, 104 [ 114 P.2d 1 ].)

Appellants contend, and we agree, that the third amended complaint does state a cause of action and that the judgments must therefore be reversed.

In view of this determination, it is unnecessary to discuss the failure of the lower court to state the basis of its…