Opinion
Rehearing Denied April 9, 1932.
Hearing Granted by Supreme Court May 9, 1932.
Appeal from Superior Court, Los Angeles County; Marshall F. McComb, Judge.
COUNSEL
James Farraher, of Los Angeles, for appellant.
Scarborough & Bowen, of Los Angeles, for respondents.
OPINION
Mr. MILLER, Justice pro tem.
A rehearing was granted in this case to the end that we might further consider the question as to whether the trial court abused its discretion in making the order appealed from. However, as the case can be more conveniently dealt with as a whole, we will disregard our former opinion, reported in 7 P.2d 756, and treat the case anew.
This is an appeal from an order sustaining two demurrers to plaintiff’s complaint without leave to amend.
The facts involved and the complaint and demurrers are, in all essential respects, similar to those involved in the case of Consolidated Reservoir & Power Company v. Robert R. Scarborough et al. (Cal.App.) 9 P.2d 304, this day decided on a rehearing, except that there is one less defendant and one less demurrer, and for the same reasons set forth in that case it is ordered that the judgment appealed from be and it is affirmed.
We concur: PLUMMER, Acting P. J.; R. L. THOMPSON, J.