California Court of Appeal

In plaintiff's action against a public utility district seeking a preliminary injunction to prevent the utility district from conducting a "tax sale" of plaintiff's parcels for the collection of sewer assessments and a petition for a writ of mandate to correct the utility district's alleged abuse of discretion, judgment sustaining defendant's demurrer is affirmed where: 1) the trial court correctly sustained a general demurrer to complaint for injunctive relief on all causes of action; 2) trial court correctly sustained the general demurrer to the writ of mandate petition; and 3) the trial court did not abuse its discretion in denying leave to amend.

Appellate Information

• Decided 03/03/2010
• Published 03/03/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Frederick C. Roesti and Frederick C. Roesti for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of Michael J. Lampe and Michael P. Smith for Defendant and Respondent.