Federer

Plaintiffs appeal from an order sustaining without leave to amend the demurrer of defendant Sacramento County to the first amended complaint. In addition to the county, the first amended complaint names as defendants Sheriff Duane Lowe and six fictitious defendants, four of whom are alleged to be deputy sheriffs.

As it appears that no judgment of dismissal was entered and the parties treat the appeal as properly before us, we shall obviate unnecessary prolongation of these proceedings by deeming the order sustaining demurrer to incorporate a judgment of dismissal and interpreting plaintiffs’ notice of appeal as applying to such dismissal. (Bellah v. Greenson (1978) 81 Cal.App.3d 614, 618, fn. 1 [ 146 Cal.Rptr. 535 , 17 A.L.R.4th 1118 ].)

On appeal, plaintiffs argue the legal sufficiency of the first amended complaint to which the demurrer was sustained. No contention is made that the trial court abused discretion in denying leave to amend. Since we find the complaint insufficient as a matter of law, we shall affirm the judgment of dismissal.

The first amended complaint alleges that plaintiffs are the children of Kenneth Federer who was killed by escapees from a…