International Brotherhood of Electrical Workers, AFL-CIO v. Board of Harbor Commissioners

Plaintiff appeals from an order of dismissal (Judgment, Code Civ. Proc., § 58Id) of its first amended complaint (complaint) after an order sustaining, without leave to amend, a demurrer to that complaint. We affirm the order (judgment).

Defendant City of Long Beach holds in trust the tidelands herein involved. In 1963, acting through defendant board of harbor commissioners, it entered into a contract with defendant Long Beach Oil Development Company (Development) for the production of oil from those tidelands. The contract required Development to conduct all operations under the contract at its own expense. Development was obligated to sell all oil and gas produced by its^operations and to pay to the city, as compensation for its rights under the contract, .the value of all oil and gas so sold, after deducting its costs of operation and 9 percent of the net profits.

Thereafter, in 1974, Development entered into a contract with defendant Yorba Linda Electric (Yorba Linda) for the construction of what are described as “Electrical Distribution Facilities” for use in connection with Development’s operations under the 1963 contract. The complaint alleges that Yorba Linda’s…