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PEOPLE v. CITY OF PALM SPRINGS

Docket No. L.A. 24796.

51 Cal.2d 38 (1958)

331 P.2d 4

THE PEOPLE ex rel. JOHN AVERNA et al., Appellant, v. CITY OF PALM SPRINGS, Respondent.

Supreme Court of California. In Bank.

October 24, 1958.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, Eugene B. Jacobs and Delbert E. Wong, Deputy Attorneys General, Joseph A. Lazaroni and E.W. Cunningham for Appellant.

Jerome J. Bunker, City Attorney, for Respondent.

SPENCE, J.

This is a proceeding in quo warranto to test the validity of the annexation of certain "uninhabited" territory to the city of Palm Springs. Plaintiff's complaint, which charged the invalidity both generally and specifically, was found insufficient by the trial court and judgment was entered in favor of defendant after a demurrer was sustained without leave to amend.

[1] Quo warranto lies to attack a completed annexation proceeding....

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