Castro

This is an appeal from an order sustaining a demurrer without leave to amend the second amended complaint for wrongful death filed by parents of the decedent.

The original complaint alleged that the death of decedent, a high school student, occurred while he was participating with his R.O.T.C. unit in a field trip within California which was organized by and under the supervision and control of agents, representatives and employees of respondent board of education, and that his death occurred as a result of their negligence. Respondent’s first demurrer to the complaint (which objected in substance to a misjoinder of parties) was sustained with leave to amend. The first amended complaint restated the cause of action, and the proper parties were joined. Respondent then demurred to the first amended complaint, alleging failure to state a cause of action in that Education Code section 1081.5 as amended specifically exempted respondent from any liability for injuries or damages, including death, sustained by a student during a field trip or excursion. Appellants again amended their complaint by deleting the words “field trip” and substituting therefor the words “summer camp,…