Penziner

Three demurrers, special and general in form, were interposed to each of the four counts of the third amended complaint respectively by (1) West American Finance Company (hereinafter called the finance company), (2) Pacific States Savings & Loan Company (hereinafter called the loan company) and (3) R. T. Harper, C. A. Gibson, J. E. Scully and E. W. Milburn jointly and separately. All demurrers were sustained by an order, general in form, which did not specify the ground of the ruling nor grant leave to amend. Two days later a judgment, reciting that the court found the complaint did not state a cause of action, was rendered in favor of defendants for their costs. Plaintiff appeals from the judgment, claiming that the demurrers were erroneously sustained.

The following general rules govern our consideration of counsels’ arguments. If a demurrer is well taken as to any of the grounds stated therein, the order sustaining it must be affirmed, irrespective of whether the order states no or an erroneous ground therefor. (Haddad v. McDowell, 213 Cal. 690 [ 3 Pac. (2d) 550 ]; Burke, v. Maguire, 154 Cal. 456 [ 98 Pac. 21 ].) Section 452 of the Code of Civil Procedure commands that a…