Gates

Gates v. Superior Court

Good Law

178 Cal. App. 3d 301·1986 Cal. App. LEXIS 2657·223 Cal. Rptr. 678

Court of Appeal of CaliforniaMarch 3, 1986Docket Nos. B015825, B015963California3,273 words

Opinion

Aranda, J.

CONSOLIDATION

Two nearly identical petitions for writ of mandate/prohibition have been submitted to this court. One petition (B015963) is on behalf of defendant/ petitioner Jay.S. Paul, a police officer with the Los Angeles Police Department; the second petition (B015825) is on behalf of all the other defendants/ petitioners, hereinafter referred to as “the Gates defendants. ” Both petitions arose out of the same lower court case (LASC No. C515516). Since the issues are the same they will be considered together.

Procedural Background

We issued alternative writs of mandate in each case to review the trial court’s order overruling a demurrer to a taxpayer complaint brought pursuant to Code of Civil Procedure section 526a. We conclude that the complaint fails to state a cause of action and the demurrers should have been sustained.

Historical Background

The instant cases arise out of a taxpayer suit pursuant to Code of Civil Procedure section 526a. Plaintiffs in their first amended complaint allege that this suit arises “from more than a decade of illegal undercover activities conducted by the Los Angeles Police Department, including widespread infiltration and…

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