Benton v. City of Santa Monica

The respondent had judgment of dismissal for failure of the appellant to file an amended complaint within the time allowed by the order of the court, after the court had sustained a demurrer to the appellant’s first amended complaint.

Omitting the preliminary allegations of the complaint as to the minority of the plaintiff, the appointment of a guardian and the municipal character of the defendant, the complaint alleges that the respondent city is built and constructed adjacent to' the shore of the Pacific Ocean, and has within its confines a strip of beach land owned by the respondent, and…