People v. City of Los Angeles

This is an appeal from a judgment dismissing the subject action pursuant to the order of the superior court sustaining the general demurrer of the defendant city of Los Angeles to each of the six causes of action set forth in plaintiffs’ amended complaint.

We have reached the conclusion that the judgment of the trial court must be affirmed as to the second cause of action and reversed as to the remaining causes of action.

In the first cause of action set forth in the amended complaint the plaintiffs seek by injunction to abate a nuisance created and alleged to exist by reason of the pollution of the waters of Santa Monica Bay through the discharge therein by the defendant city of Los Angeles of sewage and the consequent deposit thereof upon the lands of the city of Manhattan Beach both above and below the line of mean high tide.

By the second cause of action the plaintiffs acting through the city attorney of plaintiff city of Manhattan Beach seek to enforce a judgment entered against the city of Los Angeles which action was brought by the People through the attorney general of the state and in which action an injunction was issued against the city restraining it from the…