Stafford

Stafford v. People ex rel. Department of Public Works

Good Law
15 Cal. Rptr. 402·195 Cal. App. 2d 148·1961 Cal. App. LEXIS 1435
Court of Appeal of CaliforniaAugust 23, 1961Civ. No. 24887California987 words

Opinion

Lead Opinion

Bishop, J.

The plaintiff once owned some parcels of land which, for all our purposes, may be sufficiently identified as being lot 23 and lots 30 and 31. Starting with the fact that he had acquired these lots, plaintiff fashioned his third amended complaint in eight causes of action. We are using “causes of action” as synonymous with “counts,” for we agree with the determination of the trial court that, actually, the plaintiff presented no cause of action. We regard this action as essentially one against the state (see Bacich v. Board of Control (1943), 23 Cal.2d 343, 346 [ 144 P.2d 818, 821 ]), and shall hereinafter speak as though the state were the only defendant. Because we have reached the *149 conclusion—as did the trial court—that the plaintiff is not entitled to a favorable judgment upon any of his causes of action, we are modifying the judgment by adding that which does not appear there, but is forecast in the conclusions of law, that is, that plaintiff take nothing by reason of his third amended complaint.

As will develop, we need not go into details with respect to the several causes of action, and so shall sketch them but briefly, yet sufficiently to depict their characters.…

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