Roach

The defendant’s demurrer to the complaint herein was sustained and judgment was entered in his favor. This appeal is from the judgment.

The complaint alleges that the plaintiff is the illegitimate child of the deceased wife of defendant and “was born at the County of Los Angeles, State of California, on or about May 29, 1917”; that her mother “intermarried with defendant” on the 10th of January, 1921, and was thereafter his wife until her death; that on the 9th of December, 1922, plaintiff’s mother was killed in an automobile accident, due to the negligence of the driver of the machine in which she was riding; that on the 4th of September, 1923, the defendant recovered judgment for damages, for the wrongful death of plaintiff’s mother, which judgment is in full force and effect and unpaid; that in the action in which the judgment was given the defendant herein did not make plaintiff a party “and did not disclose the existence of plaintiff, and thereby did debar and prevent this plaintiff from commencing any action . . . for damages caused by the death of her mother”; that the defendant “refuses to account to this plaintiff for any part or portion of the judgment . . . and refuses…