Burlingame

This appeal is taken from a judgment entered in favor of the defendants upon the failure of the plaintiff to amend her complaint after demurrers sustained and therefore the only question before us is as to the sufficiency of the facts stated to constitute a cause of action against the defendant sheriff and his deputy.

An understandable presentation of the points involved in the discussion of this question requires us to set forth those portions of the pleadings which attempt to allege the gravamen of the plaintiff’s cause of action. After alleging that at the time of the acts complained of defendant Traeger was the sheriff of Los Angeles County and that his co-defendant was a deputy sheriff, the complaint proceeds as follows:

We have italicized certain portions of the pleading quoted for reasons which will presently appear.

Appellant contends, first, that the complaint sets up facts sufficient to constitute a cause of action for damages for an illegal arrest because of the allegations therein that the affidavit upon which the order of arrest was based was insufficient in that facts warranting such an order were not stated therein, and, secondly, that apart from all…