Standard Elementary School District v. Healy

The appeal herein has been taken by the plaintiff from a judgment dismissing the action after a demurrer interposed by defendants to the first amended complaint had been sustained without leave to amend. The question here presented, therefore, involves a consideration of the allegations contained in the first amended complaint for the purpose of determining whether or not it may properly be declared that the pleading fails to state facts which are sufficient to constitute a cause of action.

The pertinent and material facts which are stated in the first amended complaint are as follows: The…