City of Alturas v. Gloster

THOMPSON, J., pro tem.

The City of Alturas has appealed from a judgment which was rendered against it pursuant to an order sustaining a demurrer to an amended complaint for declaratory relief and for incidental injunctive relief to prevent a multiplicity of suits. The demurrer was sustained in effect on the grounds that the complaint fails to state a cause of action and that a construction of the contract involved in this suit, “is not necessary or proper at the time under all the circumstances”, as provided by section 1061 of the Code of Civil Procedure.

The complaint alleges that the…