Lozano

Appeal by plaintiffs from a judgment entered on an order sustaining a demurrer to the first amended complaint, called the complaint, with leave to amend. Plaintiffs declined to amend and a judgment of dismissal followed. The sole question is whether the complaint states facts sufficient to constitute a cause of action.

The complaint alleges:

We conclude that the complaint states facts sufficient to constitute a cause of action.

The judgment is reversed with directions to the superior court to overrule the demurrer.

Shinn, P. J., and Wood (Parker), J., concurred.

A petition for a rehearing was denied September 4, 1959, and respondents’ petition for a hearing by the Supreme Court was denied September 30, 1959.

All section references are to the Health and Safety Code unless otherwise indicated.