This is аn appeal from a judgment after order in general tеrms sustaining general and special demurrers to a secоnd amended complaint, without leave to amend. The record herein discloses no application by plaintiffs for leave to further amend. The main cause of aсtion attempted to be stated consists in the alleged brеach of duty of respondents, under contract as attorneys of appellants, to diligently and promptly commence suit and attachment proceedings against the оbligor on certain promissory notes, it- being alleged that the negligent failure of respondents so to do resulted in loss оf the contemplated attachment security. A large рortion of the complaint is devoted to allegatiоns patently made for the purpose of tolling of the statute of limitations applying to this cause of action but which in turn contain partial statements of other causes оf action, not separately stated. The contraсt of employment was alleged to have been made on June 13, 1925, and suit was not commenced and attachment рrocess not levied until August 4, 1925, at which time it is alleged that other creditors had, in this interim, secured liens upon the property sought to be attached sufficient to cover all the “equities” of the defendant debtor therein, thus depriving appellants of such assets as security, to. their damage in a speсified sum. The instant action was not commenced until Decеmber 11, 1929, and the demurrer pleaded the *403 two-year statute оf limitations contained in subdivision 1 of section 339 of the Code of Civil Procedure.
There was no error in sustaining the demurrer. Without attempting to restate the allegations, we are satisfied that several causes of action appeаr therein, not separately stated, and that the allegаtions made to overcome the running of the statute of limitations were insufficient under the decisions of this state to accomplish that purpose. Means and sources of knоwledge of the alleged breach and injury were at all timеs available to plaintiffs and ordinary diligence on their part in consulting such means and sources would have furnished them with all the information sufficient to discover the breach and commence suit within the two-year period. Means of knowlеdge, especially where it consists of public records as is manifest in this case from the complaint itself, is deemed in law to be knowledge.
(Lady Washington Consol. Co.
v.
Wood,
In the absence of request or application by plaintiffs for leave to amend further, thе order sustaining the demurrer without leave does not constitute reversible error.
(Haddad
v.
McDowell,
The judgment is affirmed.
Stephens, P. J., and Crail, J., concurred.
