Ramsden

Plaintiffs appeal from an order of dismissal entered after plaintiffs failed to file a third amended complaint following the sustaining of demurrers to the second amended complaint with leave to amend. (Code Civ. Proc., §§ 581, subd. 3; 581d.)

The second amended complaint alleges four causes of action: (1) false arrest; (2) malicious prosecution; (3) negligence; and (4) defamation. There are three plaintiffs, Ramsden, Stettler and Northcutt. Defendant Bosack is alleged to be an employee and agent of defendant Western Union acting within the course and scope of his employment and agency. Defendants Konrad, Tangle, Fox, and Johnson are alleged to be officers, employees, and agents of defendant Civil Air Patrol, acting within the course and scope of said employment and agency.

The first three causes of action are stated in the alternative. It is alleged that on July 9, 1973, defendants caused plaintiffs to be arrested and incarcerated by the Los Angeles Police Department without warrant on a felony charge “upon the false information and request of the Defendants, and each of them.” Defendants knew that the alleged felony “did not take place” but requested the arrest of…