Bates v. Escondido Union High School District

This is an appeal from a judgment on the pleadings which was rendered in favor of Escondido Union High School District of San Diego County and the Grossmont Union High School District of San Diego County, both duly organized and existing union high school districts.

In considering whether the judgment is supported by the record it is only necessary for us to determine whether or not the complaint states a cause of action against the Union High School Districts of Escondido and Grossmont. In order to support such a judgment there must be an entire absence of allegation of some necessary fact or facts. This court cannot consider anything outside of the complaint itself and must disregard any defect that might be reached by a special demurrer. (Hibernia Sav. & Loan Soc. v. Thornton, 117 Cal. 481 [ 49 Pac. 573 ].)

The complaint alleges the legal existence of the' two union high school districts; that appellant was a student in one of them; that John W. Gray was an employee of the Escondido Union High School District and L. T. Simmons of the Grossmont Union High School District; that in August, 1931, the duly authorized officers of the districts arranged an agricultural school tour…