Gold

*369 Opinion

On April 1, 1974, plaintiff commenced an action in the superior court against the Los Angeles Democratic League, Carmen H. Warschaw and various Does to recover damages based upon alleged violation of Elections Code section 12057, upon constructive fraud, negligent misrepresentation, “interference with prospective relationship” and upon a common count for debt on an open book account. Plaintiff also sought an injunction enjoining defendants from violating Elections Code section 12057. Before any defendant answered or demurred, plaintiff filed a first amended complaint (Code Civ. Proc., § 472). The named defendants demurred generally to the first amended complaint, and to each count thereof. The trial court sustained the demurrer without leave to amend, and dismissed the action. (Code Civ. Proc., § 581, subd. 3.) Plaintiff appeals from the order of dismissal (judgment, Code Civ. Proc., § 58Id).

The verified first amended complaint was framed in five counts. The first count alleged: plaintiff was a duly registered candidate for the office of city controller in the Los Angeles municipal election held on April 3, 1973; defendant Los Angeles Democratic League is a…

Insofar as the court holds that the demurrer was properly sustained to the first amended complaint, I agree, although there are more substantive reasons for my concurrence than appear in the majority opinion. However, I respectfully dissent from the holding that the demurrer to the fourth cause of action should have been overruled. It is my view that for sound reasons of public *378 policy a defeated candidate cannot assert a personal cause of action for relief of the type soiight here.

First, the personal relief which is sought would involve the courts in the supervision of election campaigns to a degree unwarranted by existing law. This intrusion, in support of a private monetary remedy, ought not to be undertaken by the courts, at least in the absence of a clear legislative mandate which has not been given. (Compare Alexander v. Todman (3d Cir. 1964) 337 F.2d 962, 967-969 , cert, den., 380 U.S. 915 [ 13 L.Ed.2d 800 , 85 S.Ct. 893 ].)

The reasoning of Jones v. McCollister, supra, 159 Cal.App.2d 708 , is applicable. There, members of a county Democratic central committee sought to enjoin the dissemination of newspaper advertisements favoring a Republican candidate for the…

DUNN, Acting P.J.

On April 1, 1974, plaintiff commenced an action in the superior court against the Los Angeles Democratic League, Carmen H. Warschaw and various Does to recover damages based upon alleged violation of Elections Code section 12057, upon constructive fraud, negligent misrepresentation, "interference with prospective relationship" and upon a common count for debt on an open book account. Plaintiff also sought an injunction enjoining defendants from violating Elections Code section 12057. Before any defendant answered or demurred, plaintiff filed a first amended complaint (Code Civ. Proc., § 472). The named defendants demurred generally to the first amended complaint, and to each count thereof. The trial court sustained the demurrer without leave to amend, and dismissed the action. (Code Civ. Proc., § 581, subd. 3.) Plaintiff appeals from the order of dismissal (judgment, Code Civ. Proc., § 581d).

The verified first amended complaint was framed in five counts. The first count alleged: plaintiff was a duly registered candidate for the office of city controller in the Los Angeles municipal election held on April 3, 1973; defendant Los Angeles Democratic…