Frommhagen
Frommhagen v. Board of Supervisors
Opinion
Opinion
Stone, J.
Appellant Laurence H. Frommhagen appeals from a judgment of dismissal entered after the trial court sustained without leave to amend the demurrer filed by respondents Santa Cruz County Board of Supervisors and the County of Santa Cruz. We conclude that the trial court properly sustained the demurrer with respect to the bulk of appellant’s action, but erred in sustaining the demurrer as to two of the allegations in the complaint. Consequently, we reverse the judgment and remand to the trial court for further proceedings on those two allegations only.
I. Facts
In June of 1984, appellant filed an in pro. per. suit against respondents to invalidate service charges levied by respondents in a number of “county service areas” for the 1984-1985 fiscal year. The county service area law gives counties an alternative method of providing services to unincorporated areas by allowing the counties to create special county service areas for the provision of services such as road maintenance, sewers, and other county services. (Gov. Code, §§ 25210.1, 25210.3, 25210.4, 25210.4a; see generally, City of Santa Barbara v. County of Santa Barbara (1979) 94 Cal.App.3d 277, 280-283 [ 156…