Jarvis
Jarvis v. City of Los Angeles
Opinion
Lead Opinion
Kingsley, J.
Plaintiff appeals from a summary judgment entered against him in a taxpayer’s action to recover monies allegedly due to the City of Los Angeles from defendant Edelman. We affirm.
Defendant Edelman is a member of the city council of defendant city. Pursuant to a resolution of the council, he served, during the years 1966-1975, as a member of the boards of directors of nine Los Angeles .County sánitation districts. For attendance at the meetings of those boards, he received compensation, in addition to his salary as councilman, in an amount over $30,000. Plaintiff contends that he was obligated to turn that money over to the city and that he has not done so.
*836 I
Plaintiff contends that summary judgment was improperly granted because the declarations filed in the trial court showed the existence of a triable issue of fact. We reject that contention. Plaintiff relies on portions of a deposition by John S. Gibson, Jr., the president of the city council, which he interprets as expressing the opinion of Councilman Gibson that Councilman Edelman’s service on the sanitation boards was a “duty” of his office as councilman, within the meaning of the sections of the Los Angeles…