Cowett

Plaintiffs Fort Emory Cove Boatowners Association, Lawrence S. Graf, Joyce Graf and James Morgan, Jr. (collectively Boatowners) appeal a judgment of dismissal after the court sustained without leave to amend the demurrers of defendants C. Michael Cowett, Kevin D. Bush, Wilson A. Schooley, Janet Sobel, Jennings, Engstrand & Henrikson, a professional law corporation, and Edwin L. Miller, Jr., District Attorney for the County of San Diego, on Boatowners’ complaint to enjoin the San Diego Unified Port District (Port District) from paying for the prosecution of Port District ordinance violations. We conclude the demurrers were properly sustained without leave to amend because injunctive relief is not available to enjoin the appointment of deputy district attorneys to prosecute Port District ordinance violations. We further conclude the complaint fails to state facts sufficient to show any illegal expenditure of public funds. Accordingly, we affirm the judgment.

Factual and Procedural Background

In February 1986, the Port District adopted ordinances establishing anchorages in certain parts of San Diego Bay and prohibiting anchorages in other parts of the bay. Boatowners who…