Miller v. City & County of San Francisco

Appeal by plaintiff from an adverse judgment, entered following an order sustaining a general demurrer to his first amended complaint. He also appeals from the order, which is not appealable. The sole question is whether the complaint states a cause of action. We hold that it does not.

There are three causes of action alleged. The first is predicated upon trespass. It is alleged that on January 2, 1959, plaintiff owned a parcel of real property in Ban Francisco, and that the defendants who are the city and county of San Francisco, its director of public works, and its chief engineer and three…