Staples

Plaintiffs appeal from the judgment of dismissal entered following the sustaining of the demurrer of respondent Arthur Murray, Inc. to their second amended complaint.

Appellants are five women who allegedly paid respondent various amounts, reaching a total of approximately $40,000, for dancing lessons. The amounts range from $13,155.50 paid by one appellant to $2 075 paid by another. In the first count of the second amended complaint each appellant alleges that respondent and other named defendants, acting in concert and as partners, conspired to defraud each appellant.

In the second count each appellant specifically alleges that she entered into a written agreement with defendants pursuant to which she paid them lump sums in excess of $500, the maximum payment permissible under the Dance Act. (Civ. Code, § 1812.80 et seq.) 1 Each appellant also alleges that she *509 was not furnished with a copy of the agreement executed by her but that upon information and belief alleges that said contract failed to comply with the requirements of Civil Code section 1812.89, subdivision (a). 2 The third count is a common count for money had and received.

A special demurrer to the first count…