Trube

The court having sustained defendant’s demurrer to the plaintiff’s third amended complaint, without leave to amend, entered judgment in favor of the defendant. Plaintiff appeals from the judgment.

Appellant admits that the complaint did not state a cause of action for damages resulting from an assault. Her only contention is that she has stated a cause of action on account of deceit whereby she was caused to alter her position to her injury (Civ. Code, sec. 1709).

The complaint alleges that the defendant was a member of the firm of Katz Brothers, engaged in merchandising business; that from the first day of July, 1919, to the eighteenth day of December in that year she was employed by said firm as saleslady at a salary of two hundred dollars per month; that on the eighteenth day of December, 1919, “defendant for the purpose of willfully deceiving the plaintiff with the intent to deceive her to alter her position to her injury or risk,” stated to the plaintiff that he was transferring her from the position of saleslady to the position of assistant buyer for the stores of the firm, and that from that day her salary would be the sum of three hundred dollars per month; that he…