Siegel

Siegel v. City of Oakland

Good Law
145 Cal. Rptr. 62·1978 Cal. App. LEXIS 1518·79 Cal. App. 3d 351
Court of Appeal of CaliforniaApril 4, 1978Civ. 41486California3,118 words

Opinion

Opinion

Rattigan, J.

—Respondent City of Oakland (the City) has installed and uses automobile parking meters on its public streets. In this action brought against it by appellant S. Owen Siegel, he seeks certain relief based upon his contention that the meters are being maintained in violation of law. He appeals from a judgment of dismissal entered upon an order sustaining the City’s general demurrer to his complaint without leave to amend.

By reason of the procedural sequence described, the only question on the appeal is whether the complaint states a cause of action. (Glaire v. La Lanne-Paris Health Spa, Inc. (1974) 12 Cal.3d 915, 918 [ 117 Cal.Rptr. 541 , 528 P.2d 357 ].) In assessing its sufficiency against the general demurrer, we must treat the demurrer as having admitted “all material facts . . . properly pleaded” in the complaint but not “contentions, deductions or conclusions of fact or law alleged therein.” (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ]; Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572 [ 108 Cal.Rptr. 480 , 510 P.2d 1032 ].)

The complaint purports to state a cause of action against the City in each of two counts. The…

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