Campbell

This is an appeal from a judgment entered after the sustaining of a demurrer. A demurrer to the third amended complaint was sustained on February 26, 1954, with leave to amend within 15 days. No amendment having been filed, a judgment of dismissal was entered on March 17, 1954, from which the plaintiff has appealed.

The third amended complaint alleged that at all times material the defendant was sheriff of Riverside County; that on December 15, 1951, the plaintiff wrote a letter to the attorney general “describing gambling activities in Riverside County, and particularly in the Palm Springs area”; that the attorney general advised the plaintiff that said letter had been forwarded to the defendant “for attention and appropriate action”; that the defendant, in violation of section 335 of the Penal Code, distributed photostatie copies of plaintiff’s letter among the gamblers of the Palm Springs area, warning said gamblers that plaintiff was an informer ; and that the plaintiff learned about this on January 10, 1953. It was further alleged that the defendant induced or otherwise caused two named gamblers, who owned business property in Palm Springs, not to rent the plaintiff office…