County of San Luis Obispo v. Abalone Alliance

The trial court sustained a general demurrer to the second amended complaint, without leave of appellants to amend, but with leave of other plaintiffs to amend. The order also “dismissed [appellants] from [the] action.” Notice of appeal was filed from the order sustaining the demurrer and from the order of dismissal. The County of San Luis Obispo (hereinafter County) filed a separate appeal from an order that it pay attorneys’ fees of $82,500 to the defendants’ attorneys. The order dismissing appellants from the case is deemed a judgment of dismissal of the action insofar as appellants are concerned and is appealable, as is the order made subsequent to that judgment requiring payment of attorneys’ fees. We affirm both judgments.

Three basic issues are presented for decision: (1) whether the second amended complaint states a cause of action on behalf of the County; (2) whether it states a cause of action on behalf of other appellants; and (3) whether the order for payment of attorneys’ fees was proper.

A fourth issue was presented to the trial court and is argued in the briefs. It is whether the First Amendment right of political expression immunizes the alleged acts of…