Broffman

Plaintiffs appeal from a judgment of dismissal based upon an order sustaining a demurrer to the amended complaint without leave to amend.

There are two purported causes of action in the amended complaint.

The allegations of the first cause of action are, in substance, as follows: At all times mentioned in the amended complaint, defendant had some interest in the Embassy Club, a licensed poker parlor situated in Gardena, California, and was the manager of said club.. Immediately prior to October 26, 1954, defendant represented to plaintiffs, as follows: He was the owner-operator of said club; certain persons owned percentages in said club; each 1 per cent interest produced an income of $150 per month and, in October, 1954, was of a fair market value of $5,500; the purchase of percentage points in said club was equivalent to the purchase of annuities; and that defendant would attempt to obtain'for plaintiffs ownership of percentages in said club. About October 26, 1954, defendant informed plaintiffs that certain percentage holders were willing to sell five percentage points in the club, and that he could procure said percentage points for plaintiffs for $27,500. In reliance upon…