Ellis

This is an appeal by plaintiff Kay Ellis from a judgment denying her damages in an action in which she sought and secured the issuance of a peremptory writ of mandate.

Plaintiff brought this action to obtain the writ compelling the issuance of a building permit to construct a swimming pool, and, further, to obtain damages incurred as a result of defendants’ refusal to issue the permit at an earlier date. Defendants were the City Council of the City of Burlingame, the individual members of said body, the city attorney, the city manager, the building inspector, and the Department of Public Works of the City of Burlingame. The matter came on for hearing on December 14, 1959. The trial court deferred consideration of the damages issue and determined first whether the peremptory writ should issue. Defendants, at the commencement of the trial, “orally demurred” generally to plaintiff’s cause of action for damages. The trial court sustained the demurrer with leave to amend and then proceeded to hear evidence relative to the issuance of the writ. On March 18, 1960, the court issued a peremptory writ of mandate compelling the issuance of the building permit prayed for. On March 28, 1960,…