Coutin

Introduction

Gary Michael Coutin appeals the judgment of the Marin County Superi- or Court dismissing this action as to respondent Malcolm Lucas, Chief Justice of California, following the trial court’s sustaining of respondent’s demurrer without leave to amend. Appellant contends the court erred in sustaining the demurrer, and argues that respondent is ex officio president of the Board of Trustees of Hastings College, despite 1980 legislation repealing the designation of the Chief Justice as president of the board.

Statement of the Case/Statement of Facts

On April 18, 1988, appellant filed a complaint for declaratory and injunctive relief, naming as defendants West America Bank, the Regents of the University of California, Hastings College of Law, and Does 1 through 10,000,000. Styled a “[tjaxpayer class action to enjoin an illegal transaction involving public funds and public property and for declaratory relief relating thereto,” the complaint alleged various improprieties purportedly involving Hastings. As relevant to respondent, the complaint asserted that he was, as Chief Justice, “acting ex-officio as the President and a Director of the Hastings’ Board of…