Roberts

Jean Roberts, plaintiff in a wrongful death action, appeals the order of dismissal following the sustaining of a demurrer to her first amended complaint without leave to amend. We affirm.

Facts

Jean Roberts filed a complaint for damages for wrongful death on November 19, 1982, against defendant Pup ’N’ Taco Driveup for the death of her son (hereafter decedent). The complaint alleged, among other things, that at approximately 12:15 a.m. on November 22, 1981, while employed by defendant at 990 North Western Avenue, Hollywood, California, decedent suffered severe injuries; that defendant, its agents or employees, negligently failed to summon medical assistance in a timely manner for decedent; and that as a proximate result of defendant’s negligence decedent died on November 22, 1981.

On March 25, 1983, defendant filed a demurrer to'the complaint on the ground that the court lacked subject matter jurisdiction because the matter was within the exclusive jurisdiction of the workers’ compensation laws. (Lab. Code, § 3600 et seq.) No opposition having been made, the demurrer was sustained with 30 days leave to amend the complaint.

Within the 30 days leave period, plaintiff…