Glascock

Glascock v. Wilde

Good Law
1921 Cal. App. LEXIS 525·54 Cal. App. 522·202 P. 456
Court of Appeal of CaliforniaOctober 13, 1921Civ. No. 3534.California2,090 words

Opinion

lead Opinion

Works, J.

The petition in this matter demanded the issuance of a writ of mandate requiring defendant to perform certain official acts. A demurrer to the petition was sustained, whereupon an amended petition was presented. A demurrer to that pleading being likewise sustained, but without leave further to amend, judgment went for defendant and petitioner appeals. The sole question in the ease is whether the demurrer to the amended petition was properly sustained.

The charter of Los Angeles provides, in section 198g, quoting only so much of it as is pertinent to our present inquiry, “No ordinance passed by the council shall go into effect until the expiration of thirty days from its publication, except [certain specified ordinances, and] an ordinance required for the immediate ^ preservation of the public peace, health or safety, which shall contain a specific statement showing its urgency, and is passed by a three-fourths vote of the council.” This language is contained in the portion of the charter securing to the people of the city the power to invoke the right of referendum and prescribing a system of procedure for the exercise of that right. The postponement for thirty days of the taking…

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