VOGEL v. COUNTY OF LOS ANGELES

Docket No. L.A. 29515.

68 Cal.2d 18 (1967)

434 P.2d 961

64 Cal. Rptr. 409

ROBERT S. VOGEL, Plaintiff and Respondent, v. COUNTY OF LOS ANGELES et al., Defendants and Appellants.

Supreme Court of California. In Bank.

December 21, 1967.


Attorney(s) appearing for the Case

Harold W. Kennedy and John D. Maharg, County Counsel, Robert C. Lynch, Assistant County Counsel, and Donald K. Byrne, Deputy County Counsel, for Defendants and Appellants.

A.L. Wirin, Fred Okrand and Laurence R. Sperber for Plaintiff and Respondent.

Albert M. Bendich, Coleman A. Blease, Richard W. Jennings, Robert M. O'Neil, Marshall W. Krause and Paul N. Halvonik as Amici Curiae on behalf of Plaintiff and Respondent.


PETERS, J.

Defendants appeal, in this taxpayer's action, from a summary judgment enjoining them from expending public funds (Code Civ. Proc., § 526a), for administering or enforcing the second paragraph of the oath required of public employees by section 3 of article XX of the California Constitution. The trial court held that the second paragraph of the oath is invalid, and granted the injunction. We agree with this determination.

Section 3 of article...

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