Swasey

The general and special demurrer to the fourth amended complaint was sustained without leave to amend and, accordingly, judgment was entered in favor of defendants for their costs. Plaintiffs appeal from the judgment, arguing that the complaint stated a cause of action and that therefore the court erred in sustaining the demurrer without granting leave to amend. Although the order did not state the grounds upon -which the demurrer was sustained, the judgment must be affirmed if the demurrer was good upon any ground therein stated. (Penziner v. West American Finance Co., 133 Cal. App. 578 [ 24 Pac. (2d) 501 ].) The record does not disclose that plaintiffs requested leave to amend, nor do they now claim that they made such request. Under such circumstances, if the special demurrer was well taken in any particular, the order sustaining it without leave to amend would not constitute reversible error even if the complaint stated a cause of action. (Haddad v. McDowell, 213 Cal. 690 [ 3 Pac. (2d) 550 ]; Consolidated R. & P. Co. v. Scarborough, 216 Cal. 698 [ 16 Pac. (2d) 268 ]; Fitzpatrick v. Fidelity & Casualty Co., 7 Cal. (2d) 230 [ 60 Pac. (2d) 276 ].)

The following summary of the…