Smith v. City and County of San Francisco

Ernest and Alice Smith appeal from the judgment entered after the trial court sustained a demurrer to their second amended cross-complaint without leave to amend. Appellants attempted to state causes of action against the City and County of San Francisco (the City) for inverse condemnation, promissory estoppel, breach of the covenant of good faith and fair dealing, negligence, breach of fiduciary duty, civil rights violations, and breach of oral contract. We affirm.

Factual and Procedural Background

On March 18, 1983, the City filed a complaint in eminent domain against appellants and other parties. It sought to acquire property for park and open space use. Appellants cross-complained against numerous parties, including the City, for inverse condemnation, fraud, interference with prospective economic advantage, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, deprivation of constitutional rights, mandamus, and injunction. The court sustained the City’s demurrer to all but the inverse condemnation cause of action, allowing 20 days to amend. The court also severed and stayed the cross-complaint.

After trial began in the City’s eminent…