Viso

Viso v. State of California

Good Law
154 Cal. Rptr. 580·1979 Cal. App. LEXIS 1648·92 Cal. App. 3d 15
Court of Appeal of CaliforniaApril 5, 1979Civ. 17568California2,835 words

Opinion

Opinion

Reynoso, J.

Plaintiff James J. Viso appeals from a judgment entered in favor of defendants State of California (State) and Tahoe Regional Planning Agency (TRPA) after the trial court sustained demurrers to his third amended complaint in inverse condemnation and deprivation of property without due process of law. We reverse the judgment only as to plaintiff’s cause of action for declaratory relief and injunction. We affirm in all other respects.

Plaintiff’s original complaint named as defendants the State, TRPA, the County of Placer, and Richard M. Heikka. After the complaint was filed the parties agreed by stipulation that plaintiff be allowed to file a first amended complaint. The county, State and TRPA filed demurrers to the first amended complaint. Thereafter, plaintiff dismissed the county with prejudice. The trial court sustained demurrers to the first amended complaint and granted plaintiff 60 days in which to amend.

Plaintiff filed a second amended complaint. The State and TRPA again filed demurrers. The trial court sustained the demurrers and granted plaintiff 10 more days in which to amend. Plaintiff then filed his third amended complaint, the subject of this appeal, which…

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