Gomez

entered against it following the sustaining of a demurrer without leave to amend on the ground that the amended com-, plaint failed to state a cause of action. The amended complaint alleges a cause of action against the sureties on a statutory undertaking. Appellant therein alleges that it held legal title to an automobile as security for a loan which it made to one Hohnhorst and his wife. The sheriff seized the automobile under attachment against the Hohnhorsts, who were the registered owners. Appellant filed a third party claim under the provisions of section 689b of the Code of Civil Procedure. Respondents, as sureties, gave the sheriff an undertaking in the sum of $1,800 to enable the sheriff to hold and sell the automobile pursuant to the provisions of section 689b, subdivision (9), of the Code of Civil Procedure.

*Supp. 833 Said undertaking was not accompanied by the verified statement asserting grounds of invalidity of the third party claim as required by the referenced code section. Neither party asked for a hearing to determine title under the third party claim. The sheriff sold the vehicle free and clear of appellant’s lien. Meanwhile, the Hohnhorsts went through…