Masten

This appeal is taken from a judgment entered in favor of respondents after the sustaining of demurrers to appellant’s second amended complaint without leave to amend. The Fox West Coast Theatres filed a general demurrer and the Guardian Western Company a general and special demurrer to the amended complaint. The second named respondent has not filed any brief on this appeal, but it is stipulated that the brief filed on behalf of the Fox West Coast Theatres may be assumed and considered the brief of the Guardian Western Company. As the grounds of special demurrer urged in the court below are not presented or argued on this appeal, we may consider them abandoned and confine our attention entirely to the merits of the trial court’s order sustaining the general demurrers to the amended complaint.

It appears from the record that Neilson Hasten, at the time this suit was instituted, was a minor of the age of twenty years, and that Annette Van R. Hasten, his mother, was appointed his guardian ad litem for the purpose of prosecuting this action.

It is alleged in the amended complaint that the respondents, and each of them, caused to be published in the daily papers of San Diego, an…