Hayman

Plaintiffs appeal from a summary judgment in favor of defendant Sherman Block, Sheriff of Los Angeles County. The judgment is affirmed.

This is a taxpayers’ suit brought pursuant to Code of Civil Procedure sections 526a (injunctive relief) and 1060 (declaratory relief), and 42 United States Code section 1983 .

Plaintiff Reverend Ann Hayman is Director of the Mary Magdalene Project, a mission in Hollywood founded to rehabilitate prostitutes. Plaintiff Thomas Norman is'a volunteer working with women at Catharsis, an association organized to aid women who were formerly engaged in prostitution. The defendants were the City Attorney of Los Angeles, 1 the Chief of Police of the City of Los Angeles, 2 and the Sheriff of Los Angeles County. Only Sherman Block, the Sheriff of Los Angeles County, is respondent in this appeal.

Appellants’ complaint was filed in the Los Angeles Superior Court on May 10, 1983, and it alleged that respondent Block, as the Sheriff of Los Angeles County, is responsible for policing the unincorporated parts of the *633 county and for maintaining the Los Angeles County jails. Appellants alleged that respondent had violated his oath and duties through a…

I dissent.

This case involves an appeal by the plaintiffs from a summary judgment in favor of defendant Sheriff Block. Plaintiffs assert that there are triable *646 issues of fact, thus precluding summary judgment in favor of defendant Sheriff Block. Issue finding rather than issue determination is the pivot on which summary judgment law turns. (Frazier, Dame, Doherty, Parrish & Hanawalt v. Boccardo, Blum, Lull, Niland, Teerlink & Bell (1977) 70 Cal.App.3d 331, 338 [ 138 Cal.Rptr. 670 ].) Where defendant seeks summary judgment, his declarations and evidence must either conclusively disprove at least one essential element of every cause of action in plaintiff’s complaint against him, or prove an affirmative defense that would bar every cause of action in the complaint against him. (Ibid.) Moreover, “[t]here is nothing in the statute [Code Civ. Proc., § 473c] which lessens the burden of the moving party simply because at the trial the resisting party would have the burden of proof on the issue on which the summary judgment is sought to be predicated. In such a case, on the motion for summary judgment, the moving party must generally negative the matters which the resisting party…

Plaintiffs appeal from a summary judgment in favor of defendant Sherman Block, Sheriff of Los Angeles County. The judgment is affirmed.

This is a taxpayers' suit brought pursuant to Code of Civil Procedure sections 526a (injunctive relief) and 1060 (declaratory relief), and 42 United States Code section 1983 .

Plaintiff Reverend Ann Hayman is Director of the Mary Magdalene Project, a mission in Hollywood founded to rehabilitate prostitutes. Plaintiff Thomas Norman is a volunteer working with women at Catharsis, an association organized to aid women who were formerly engaged in prostitution. The defendants were the City Attorney of Los Angeles, [1] the Chief of Police of the City of Los Angeles, [2] and the Sheriff of Los Angeles County. Only Sherman Block, the Sheriff of Los Angeles County, is respondent in this appeal.

Appellants' complaint was filed in the Los Angeles Superior Court on May 10, 1983, and it alleged that respondent Block, as the Sheriff of Los Angeles County, is responsible for policing the unincorporated parts of the county and for maintaining the Los Angeles County jails. Appellants alleged that respondent had violated his oath and…