Schofield

This is an appeal from a judgment entered upon the sustaining of a demurrer without leave to amend. The action was brought May 31, 1928, to have ordinance No. 60133 of the City of Los Angeles declared void, and for injunctive relief. The original complaint was demurred to and the demurrer was sustained. Thereupon appellants filed an amended complaint, to which a demurrer, both general and special, was interposed and sustained upon the general ground, without leave to amend, hence this appeal.

It is alleged that prior to the passage of ordinance No. 60133, and on October 19, 1921, ordinance No. 42666 (new series) was passed by the city council, providing for the creation in the City of Los Angeles of five zones, and describing the classes of buildings, structures and improvements authorized to be erected in said several zones, and repealing certain ordinances. Said ordinance No. 42666 (new series) has not been repealed or amended, unless by ordinance No. 60133, and it provided that a large portion of the City of Los Angeles should constitute a zone designated as Zone “A”, and in which said Zone “A”, at the commencement of this action, appellants owned certain real property; that…