Thompson

Plaintiff Gai Thompson (owner) sued the defendant City of Lake Elsinore (the City), the building department, the city council, and other individuals (all defendants referred to collectively as defendants), for damages allegedly resulting from the City’s failure to issue a building permit and its failure to issue a certificate of occupancy for owner’s renovated building after the final approval of the renovation. The trial court sustained defendants’ demurrers without leave to amend. Owner appeals.

Facts and Procedural History

Discussion

I. First Amended Complaint*

II. Third Amended Complaint

A. Allegations of the Complaint

The third amended complaint attempted to state causes of action for negligence and failure to perform a mandatory duty. We accept as true all the material factual allegations of the complaint.

The third amended complaint alleged in pertinent part: The acts of all the defendants were done under color of law, ordinance, regulation and policy of the City, and under the authority of their offices as City officials or employees. Individual defendant Kevin Shear was the chief building official of the building department. He had final authority to…