Hart

—The factual background of this appeal is taken from the brief of the appellant, omitting transcript references :

“Under the Last Will and Testament of William S. Hart, Sr. dated September 9,1944 it was provided:

“Defendant County of Los Angeles demurred to the Second Amended Complaint upon the ground that the Second Amended Complaint does not state facts sufficient to constitute a cause of action, ‘in that the said cause of action is not brought by the real party in interest’, which demurrer was urged by said defendant County of Los Angeles in connection with all three causes of action, and on December 8, 1965- an order was made as follows:

A complaint that is not brought by the party who has standing to sue is subject to general demurrer (2 Chadbourn, Grossman & Van Alstyne, California Pleading, § 1192), and if it would not be possible to state a cause of action in the plaintiff, no matter in what capacity the suit is brought, then the general demurrer should be sustained.

This action was filed by plaintiff in his capacity as the sole legal heir of the decedent. His claim is that if the county’s action resulted in a forfeiture of the property in question, and if the state…