Beeson

Appellant is the mother of Hal Beeson, who was on May 29, 1926, a minor of the age of ten years. On this date he was playing in a storm drain near the intersection of Venice Boulevard and LaBrea Avenue in the City of Los Angeles, fell into a water hole and was drowned. His father, Hal L. Beeson, presented a claim for damages for the death of his minor son to the city council of the City of Los Angeles on August 30, 1926, which claim was disallowed and payment thereon refused. Thereafter, on or about September 30, 1927 (probably 1926) he deserted and abandoned appellant.

On or about May 24, 1927, appellant filed her action in the court below to recover damages for the death of her minor son. It does not appear that she ever filed a claim or demand for these damages with respondent or any of its boards or officers. She alleges the presentation and rejection of the demand made by her husband.

Respondent filed a general and special demurrer to appellant’s complaint, which was sustained with leave to amend. On March 28, 1928, she filed her amended complaint, to which respondent again demurred both generally and specially. The demurrer was sustained and she was given ten days within…