Hartzler

This is an appeal from a judgment of dismissal, following the sustaining of defendant’s demurrer without leave to amend.

The first amended complaint alleged in substance: On September 4, 1972, plaintiff’s decedent, Ruth Bunnell, telephoned the main office of the San Jose Police Department and reported that her estranged husband, Mack Bunnell, had called her, saying that he was coming to her residence to kill her. She requested immediate police aid; the department refused to come to her aid at that time, and asked that she call the department again when Mack Bunnell had arrived.

Approximately 45 minutes later, Mack Bunnell arrived at her home and stabbed her to death. The police did not arrive until 3 a.m., in response to a call of a neighbor. By this time Mrs. Bunnell was dead.

The San Jose police had made at least 20 calls and responses to Mrs. Bunnell’s home during the year prior to her death, allegedly related to complaints of violent acts committed by Mack Bunnell on Mrs. Bunnell and her two daughters. Prior to September 4, 1972, Mack Bunnell had been arrested once for assaulting decedent.

Appellant contends that his complaint stated a cause of action for wrongful…