Bayshore Sanitary District v. County of San Mateo

Plaintiff brought this action seeking declaratory relief against the defendant county of San Mateo. The trial court sustained defendant’s demurrer to the complaint without leave to amend and this appeal followed.

A preliminary point raised by defendant should be mentioned. The order sustaining the demurrer without leave to amend was entered on September 23, 1940, but, through inadvertence, no judgment was entered at that time. On October 2, 1940, plaintiff served and filed its notice of appeal “from the judgment entered in the above entitled superior court on the 23rd day of September, 1940,…