People v. Milk Producers Assn.

This is an appeal from a judgment dismissing an action after demurrer sustained to the complaint, sustained without leave to amend. The demurrer was both general and special. With it was submitted a motion to strike out, which was granted by the trial court upon the same theory upon which it sustained the demurrer. Appellant urges that the court erred in granting the motion to strike out and in sustaining the demurrer without leave to amend.

The action is in quo warranto, directed against defendant, Milk Producers Association of Central California. Defendant, as disclosed by the complaint, is a nonprofit, co-operative corporation organized under sections 653b to 653zb of the Civil Code.

The complaint was upon the relation of Carrie A. Clark, a private party. Respondent’s brief concedes that if the complaint could have been filed upon the relation of a private party there is a statement therein of a cause of action capable of amendment, and that the motion to strike out should have been denied and that leave to amend should have been granted. The motion to strike out was directed to all those parts of the complaint which showed the action was instituted upon information and…