Timberlake

Plaintiffs appeal from a judgment dismissing their action upon motion of defendants Trailer ancho Corporation, and Herb Schwank, its agent. The action was premised upon a complaint setting forth six causes of action. Defendants answered. Subsequently plaintiffs dismissed the second, fifth and sixth causes of action. Thereafter defendants moved to dismiss the remaining causes of action, i.e., the first, third and fourth, upon the ground neither of them stated facts sufficient to constitute a cause of action. The court granted the motion and entered judgment of dismissal.

An action may be dismissed upon motion where the *710 complaint does not state a cause of action and cannot be amended to state such. (McKay v. County of Riverside, 175 Cal.App.2d 247, 249 [ 345 P.2d 949 ] ; Monahan v. Blossom, 88 Cal.App.2d 951, 952 [ 199 P.2d 738 ].) The motion is in the nature of a general demurrer. (Lavine v. Jessup, 48 Cal.2d 611, 615 [ 311 P.2d 8 ].) An order granting the motion is tantamount to an order sustaining a demurrer without leave to amend. (Id.) Where it is possible to amend the complaint to state a cause of action and the plaintiff is not afforded an opportunity to amend, a…