Elberg v. County of San Luis Obispo
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County. V. A. Gregg, Judge. The facts are stated in the opinion.
1Opinion of the Court
The Court.
In the Department opinion rendered in this case it was decided that the judgment appealed from, entered after a general demurrer to the complaint had been sustained, should be affirmed. This was upon the ground that no cause of action was stated against the defendant county, which was not a proper party *317defendant, and against which plaintiff had no claim or demand.
The point, however, had not been presented in the briefs of counsel, and it was urged that the decision worked a hardship upon appellant, who had thus been given no opportunity to argue the question. The rehearing was…
2Cited by9 opinions
- County of Los Angeles v. Superior CourtCalifornia Supreme Court · 1941
- Pomona City School District v. PayneCalifornia Court of Appeal · 1935
- Spencer v. City of Los AngelesCalifornia Supreme Court · 1919
- Corbett v. WidberCalifornia Supreme Court · 1898
- Gill v. City of OaklandCalifornia Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.