Smith v. Rhea

Opinion

McDANIEL, J.

This is a class action seeking a declaratory judgment and permanent injunction. Plaintiff seeks to enjoin the County of Orange and certain county officers from conducting execution sales of motor vehicles without disbursing the proceeds of such sales as per Code of Civil Procedure 1 section 690.2. Plaintiff also seeks a declaration of rights and duties under section 690.2. Defendants’ demurrer to the complaint was sustained without leave to amend and plaintiff appeals from the resulting judgment dismissing the action with prejudice.

The complaint alleges that defendant Don…