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CITY OF HERMOSA BEACH v. SUPERIOR COURT

Docket No. 28669.

231 Cal.App.2d 295 (1964)

41 Cal. Rptr. 796

THE CITY OF HERMOSA BEACH, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LOUISE N. KLINE, Real Party in Interest.

Court of Appeals of California, Second District, Division Two.

December 16, 1964.

Attorney(s) appearing for the Case

Collamer A. Bridge, City Attorney, Rafter & Fredericks and Eric Rafter for Petitioner.

No appearance for Respondent.

John M. Mann for Real Party in Interest.

Thomas C. Lynch, Attorney General, and Carl Boronkay, Deputy Attorney General, as Amici Curiae on behalf of Real Party in Interest.

FLEMING, J.

Petitioner, City of Hermosa Beach, seeks to prohibit further prosecution of a taxpayer's suit by Louise N. Kline against it in superior court, contending that plaintiff below is without legal capacity to bring the suit because the Attorney General is the sole proper party plaintiff.

The Kline suit, for declaratory and injunctive relief against the City of Hermosa Beach and Guy F. Atkinson Company, charged the city with wrongfully invading...

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