Cavanaugh

Plaintiffs, Erdman Cavanaugh, Maggie Von Stohl, Melbome Von Stohl, and Ruth Hauck, 1 appeal from a judgment of dismissal entered after an order was made sustaining defendant’s demurrer to plaintiffs’ first amended complaint without leave to amend.

Plaintiffs are tenants in housing located within the Capitol Redevelopment Plan Area of Sacramento, owned by the defendant, State of California. Except for Vella Turner, all plaintiffs commenced their tenancies after the acquisition of the property by the state.

After defendant had determined to demolish the structures and gave plaintiffs written notice to vacate, a class action was instituted seeking (1) *357 an interpretation of Government Code section 7260, subdivision (c), 2 that postacquisition tenants are displaced persons within the meaning of that section and are entitled to relocation benefits as provided in Government Code section 7262; and (2) to compel the defendant, State of California, to conduct a survey in the nature of an environmental impact report on the availability of replacement housing, and to compel the state to place and maintain the structures in a habitable condition.

By demurrer, defendant asserted…

I concur in the result.

The plaintiffs below appeal from a judgment dismissing their complaint after the state’s demurrer was sustained without leave to amend. Plaintiff’s complaint seeks to recover certain benefits provided under the Government Code (§§ 7260-7274) to owners and occupants displaced from real property acquired by a public entity for public use. Plaintiffs are all tenants of state-owned apartment dwelling units; their tenancies commenced after the state had acquired the property for public use; several years later the state gave to each plaintiff written notice to quit because the buildings in which they lived were scheduled for demolition.

Government Code section 7260 defines “displaced persons” as “any person who moves from real property, or who moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, by a public entity ... or as the result of a written order from a public entity to vacate the real property, for public usé.”

Tenants removed from property acquired for public use fall into several factually distinct categories. There are those whose tenancies *362 commenced before public agency…

Plaintiffs, Erdman Cavanaugh, Maggie Von Stohl, Melborne Von Stohl, and Ruth Hauck, [1] appeal from a judgment of dismissal entered after an order was made sustaining defendant's demurrer to plaintiffs' first amended complaint without leave to amend.

Plaintiffs are tenants in housing located within the Capitol Redevelopment Plan Area of Sacramento, owned by the defendant, State of California. Except for Vella Turner, all plaintiffs commenced their tenancies after the acquisition of the property by the state.

After defendant had determined to demolish the structures and gave plaintiffs written notice to vacate, a class action was instituted seeking (1) an interpretation of Government Code section 7260, subdivision (c), [2] that postacquisition tenants are displaced persons within the meaning of that section and are entitled to relocation benefits as provided in Government Code section 7262; and (2) to compel the defendant, State of California, to conduct a survey in the nature of an environmental impact report on the availability of replacement housing, and to compel the state to place and maintain the structures in a habitable condition.

By demurrer,…