Municipal Court v. County of Placer

Plaintiffs appeal from a judgment sustaining without leave to amend the demurrer of defendant County of Placer (County). Plaintiffs are the Municipal Court of Placer County, the Honorable Richard J. Ryan, as a judge of that court, and Severson, Werson, Berke & Melchior, a professional corporation (hereafter the Severson firm). The dispositive question on appeal is whether Judge Ryan is entitled by statute to reimbursement for attorney’s fees incurred when, in his capacity as a municipal court judge, he retained counsel to represent him and the court in proceedings challenging certain rulings of the court. We hold that under the facts here presented, there is no statutory authorization for reimbursement.

In reviewing a judgment of dismissal following the sustaining of a general demurrer without leave to amend, we accept as true the material facts pleaded in the complaint. (Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572 [ 108 Cal.Rptr. 480 , 510 P.2d 1032 ].)

In June 1984, the Placer County Counsel filed a petition for writ of mandate in the superior court on behalf of the Placer County Probation Department. The petition named the Municipal Court of Placer County as…