Himes v. County of Los Angeles

Full title: EILEEN C. HIMES, Appellant, v. COUNTY OF LOS ANGELES et al., Respondents

Court: Supreme Court of California

Date published: Mar 19, 1946

27 Cal.2d 891 (Cal. 1946)

167 P.2d 189

Opinion

Docket No. L.A. 18936.

March 19, 1946.

APPEAL from a judgment of the Superior Court of Los Angeles County. Alfred L. Bartlett, Judge. Reversed with directions.

Murphey Davis and Alex W. Davis for Appellant.

J.H. O'Connor, County Counsel, A. Curtis Smith, Deputy County Counsel, and Clyde Woodworth, City Attorney (South Gate), for Respondents.

THE COURT.

This case presents for determination the same questions which were decided in Siwel Co. v. County of Los Angeles ( ante, p. 724 [ 167 P.2d 177]). It is conceded by counsel that the issues of fact and law in the two cases are identical, and that the Siwel decision will control the disposition of this appeal.

The judgment herein is reversed with directions to the trial court to overrule the general demurrer to appellant's complaint and to proceed in accordance with the views stated in Siwel Co. v. County of Los Angeles.

TRAYNOR, J.

I dissent for the reasons set forth in my dissenting opinion in Siwel Co. v. County of Los Angeles, ante, p. 735.

Gibson, C.J., concurred.