Docket No. 26757. January 14, 1971. Appeal from Superior Court of the City and County of San Francisco, Andrew J. Eyman, Judge. COUNSEL Jackson Schoonbrood and Jay Jackson for Plaintiff and Appellant. Scampini, Mortara Ertola, Scampini, Mortara Harris and Haig A. Harris, Jr., for Defendant and Respondent. OPINION ELKINGTON, J. This is an appeal from an order dismissing plaintiff's action following its election to stand on the first amended complaint without amendment. Following the court's sustaining