Ames

This is an. appeal in an action seeking a declaration that certain loitering and housing laws of the City of Hermosa Beach are unconstitutional on their face and are therefore void. Appellant, a taxpayer, brought this action pursuant to section 526a of the Code of Civil Procedure to enjoin respondents from expending public funds and from using public property for the purpose of administering or enforcing certain provisions of its Municipal Code, to wit, (1) sections 20-10 and 20-11, relating to loitering, and (2) section 18-14, regulating the rental of housing accommodations to minors. Although the complaint set forth two causes of action, the first attacking the housing section and the second the loitering sections, respondents filed a single general demurrer to the entire complaint which was sustained and the action was ordered dismissed after appellant failed to amend his complaint within the time allowed. A preliminary injunction was denied. The appeal is from these orders.

Since perfection of this appeal, respondent city has amended section 20-10 by its ordinance No. NS 345 which also adds to the Municipal Code (new) section 20-12, relating to loitering in public…