Wilson v. Los Angeles County Civil Service Commission

To plaintiff’s first amended complaint for declaratory relief, defendants interposed a demurrer, a motion to strike and a motion to dismiss. The latter motion was made upon the ground “that the declaratory relief sought is neither necessary nor proper at the time under all the circumstances.” (Code Civ. Proc., § 1061.) Such motion was granted. The demurrer and motion to strike were ordered off calendar.

From the judgment of dismissal which followed, plaintiff appeals.

In his opening brief, appellant points out that this action in declaratory relief is the fourth proceeding between the parties…