Tubbs

Plaintiff appeals from a judgment of dismissal in favor of defendant following her failure to amend her second amended complaint after the sustaining of a general demurrer.

Facts: On May 25, 1964, plaintiff filed a complaint for personal injuries alleged to have been suffered by her on May 27, 1963, while she was a passenger on one of defendant's busses that collided with another bus operated by defendant. Plaintiff alleged that she had presented a claim for damages with defendant's predecessor, the Los Angeles Metropolitan Transit Authority, a public corporation, on July 5, 1963. Defendant’s demurrer on the ground that the action was barred by sections 945.4 and 945.6 of the Government Code 1 was sustained, with leave to amend.

In her first amended complaint, plaintiff alleged the presentation of a claim to defendant and incorporated by reference a copy thereof as an exhibit. Defendant’s demurrer was again sustained on the ground that the statute of limitations had run.

Plaintiff’s second amended complaint is in three counts and contains the necessary allegations of negligence, proximate cause, agency, and damages. In the first count, she omitted the allegation in the original…