Benton

The respondent had judgment of dismissal for failure of the appellant to file an amended complaint within the time allowed by the order of the court, after the court had sustained a demurrer to the appellant’s first amended complaint.

Omitting the preliminary allegations of the complaint as to the minority of the plaintiff, the appointment of a guardian and the municipal character of the defendant, the complaint alleges that the respondent city is built and constructed adjacent to' the shore of the Pacific Ocean, and has within its confines a strip of beach land owned by the respondent, and over which the respondent, at all the times mentioned in the complaint, exercised complete dominion and control. That said dominion and control consists in the patrolling of the beach land referred to, in the erection and " construction of a wharf and other structures thereon, in the regulation and supervision of amusement concessions thereon, in the regulation and control of persons using said beach land for pleasure purposes, in keeping said strip of land clean, in the operation of various safety devices, in renting and leasing of portions thereof. Without following the allegations of the…