Oken
People v. Oken
Opinion
Opinion
Patrosso, J.
This is an appeal by cross-complainant Tony Alarcon from an order striking his third amended cross-complaint as against the cross-defendants El Monte School District and county of Los Angeles. While an order striking a pleading is not ordinarily appealable, the rule is otherwise where, as here, the cross-complaint is directed against cross-defendants not otherwise parties to the action. (Trask v. Moore (1944), 24 Cal.2d 365, 373 [ 149 P.2d 854 ].)
The action in which the cross-complaint was filed is one instituted on behalf of the People of the State of California by the district attorney of Los Angeles County against numerous defendants, including cross-defendant, alleged to be the owners or occupants of properties within an area comprising some 24 acres located in the county of Los Angeles and commonly known as “Hick’s Camp,” to abate a public nuisance alleged to exist upon the properties located therein by reason of the maintenance thereon of dilapidated buildings and unsanitary conditions therein more particularly described.
A demurrer having been sustained with leave to amend to the original cross-complaint, appellant filed a second amended cross-complaint containing four…