Teresi

Plaintiff appeals from an order of the superior court sustaining a demurrer to his first amended complaint without leave to amend.

In reviewing a dismissal based upon the sustaining of a demurrer without leave to amend, all allegations of the complaint are presumed true. (Shaeffer v. State of California (1970) 3 Cal.App.3d 348, 354 [ 83 Cal.Rptr. 347 ].) The record on appeal is limited to the complaint and matters that are properly the subject of judicial notice. (Childs v. State of California (1983) 144 Cal.App.3d 155, 162 [ 192 Cal.Rptr. 526 ].) Thus, we proceed to examine the allegations of plaintiff’s first amended complaint.

Plaintiff is a produce grower in Santa Clara County. In 1980, the state quarantined specified produce in connection with the Mediterranean Fruit Fly (Medfly) Eradication Program. Ten acres of plaintiff’s pepper crop were subject to the quarantine and the peppers could not be shipped out of the quarantined area. During the period of the quarantine, the state ordered that the peppers be fumigated with methyl bromide, which caused them to rot within 10 days. Plaintiff’s claim to the State Board of Control was rejected on May 19, 1983. On November…