Clemente

Plaintiff, Jose L. Clemente, an incompetent person (by his guardian ad litem, Eloisa Clemente), appeals from a judgment of dismissal (Code Civ. Proc., § 58Id) of his negligence action for damages as to the only nonfictitious defendants in the action, namely, State of California and Arthur E. Loxsom. This dismissal occurred following the sustaining, without leave to amend, of the general demurrer of these defendants to plaintiffs third amended complaint.

Our examination of the pertinent allegations of the third amended complaint and of the applicable law has led us to conclude that the demurrer should have been overruled and we will therefore reverse for reasons that follow.

The Third Amended Complaint

The pertinent factual allegations of this pleading are generally as follows. On or about January 27, 1975, about 3:50 p.m., plaintiff was struck by a westbound motorcycle while he was walking northbound on the west pedestrian crosswalk of 8th Street, at its intersection with Hartford Street, in the City of Los Angeles. Immediately after this accident, a highway patrol officer, namely, the aforementioned defendant, Arthur E. Loxsom, arrived at the scene in his patrol…