Breiner
Breiner v. City of Los Angeles
Opinion
Lead Opinion
Dunn, J.
Nineteen plaintiffs filed a first amended complaint against a number of defendants, two of whom, the City of Los Angeles and the Board of Airport Commissioners of the City of Los Angeles, filed a general and special demurrer. The trial court sustained the general demurrer with *385 out leave to amend, its minute order noting plaintiffs’ statement that the complaint could not be further amended and plaintiffs’ request that, if sustained, the demurrer be sustained without leave to amend. Thereafter, the demurring defendants were ordered dismissed from the action. Plaintiffs appeal from the judgment of dismissal. (Code Civ. Proc., § § 58Id, 904.1, subd. (a).)
Plaintiffs’ first amended complaint contained four alleged causes of action and sought declaratory and injunctive relief. The first cause of action alleged that the commissioners passed a resolution and the city thereafter adopted ordinance No. 140568, each providing, in essence, that “public interest, convenience and necessity” required the acquisition of properties, owned by the plaintiffs, among others, “for the extension and enlargement of the Los Angeles International Airport.” The ordinance additionally…