People v. City of Los Angeles

This appeal is from a judgment dismissing a quo warranto proceeding, a demurrer having been sustained by the trial court, on the ground that the action ivas barred by the provisions of section 349½ of the Code of Civil Procedure. This action is based upon an alleged invalidity in the proceedings conducted in effecting the annexation of certain outside territory, designated as “Sunland Addition,” to the City of Los Angeles in Los Angeles County. The various steps taken to annex the territory are fully set forth in the complaint, and the alleged grounds of their invalidity stated, and as relief in the action judgment is asked that it be decreed that defendant be enjoined from exercising any franchises, powers, privileges or jurisdiction over the territory embraced in the “Sun-land Addition,” and for such other relief as is meet and proper.

The complaint was filed in the superior court of Los Angeles county on July 11, 1927. On the 19th of July, 1927, defendant served and filed its demurrer to the complaint, the grounds of demurrer being: That the complaint does not, nor does any part thereof, state facts sufficient to constitute a cause of action; and that said action is barred by…