LaBadie

This action arises out of the Mediterranean fruit fly eradication program and raises an issue similar to that decided by this court in Farmers Ins. Exchange v. State of California (1985) 175 Cal.App.3d 494 [ 221 Cal.Rptr. 225 ]. Plaintiff appeals after the trial court sustained without leave to amend defendant’s demurrer to her third amended complaint. For the reasons stated below, we will affirm the judgment.

Although plaintiff takes her appeal from a nonappealable order sustaining a demurrer without leave to amend, the parties have treated that order as a final judgment for the purposes of appeal, and the matter is fully briefed. In the interest of justice, we will deem the trial court’s order to incorporate a judgment of dismissal and treat the notice of appeal as applying to the judgment. ( Farmers, supra, 175 Cal.App.3d 494, 499 .)

Our review of an order sustaining a demurrer without leave to amend is limited to the allegations of the complaint, which are presumed true, and matters that are properly the subject of judicial notice. (Teresi v. State of California (1986) 180 Cal.App.3d 239, 242 [ 225 Cal.Rptr. 517 ].)

Plaintiff’s third amended complaint alleged one…