Los Angeles County Democratic Central Committee v. County of Los Angeles

Plaintiffs appeal from an order dismissing their complaint after a demurrer thereto had been sustained. For the reasons set forth below, we reverse the judgment.

This is a purported class action, brought by the Los Angeles County Democratic Central Committee and various members of that committee and of comparable committees of other political parties, against the County of Los Angeles and the county registrar of voters. It seeks, in the first cause of action, declaratory relief that the plaintiff class is not subject to a jpenalty, under section 11604 of the Elections Code, for a late filing of the statement required under section 11559 of that code from candidates for public office who collected and spent less than $500. Count II seeks both prohibitory and mandatory injunctions restraining the defendants from attempting to collect that penalty and to require them to refund any penalties previously paid. After argument, the trial court sustained a demurrer to the complaint and dismissed the action. Plaintiffs have appealed; we reverse.

I

Preliminarily, we hold that the trial court erred in sustaining a demurrer to the first cause of action. The basic rule is that, if…