Bacom

Appellant herein appeals from a judgment of dismissal after the sustaining of a demurrer without leave to amend to his amended complaint.

Appellant filed a complaint in the nature of a class action in the County of Merced seeking to recover for himself and all others similarly situated in the County of Merced the return of fines paid in cases in which misdemeanor convictions had subsequently been set aside on constitutional grounds, and a recovery of penalty assessments paid by all persons in the State of California in similar situations during the year immediately preceding May 16, 1974. Appellant alleges that on that date he filed a claim with the County of Merced and with the State of California on behalf of himself and all others similarly affected and that said claims were rejected.

Both the County of Merced and the state filed demurrers to the amended complaint, which demurrers were sustained and a dismissal as to both defendants was entered. The grounds_of the demurrers set forth were that (1) the state and county were immune; (2) that plaintiff had not properly presented a written claim against the state and county, i.e., not within 100 days of the accrual of…