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PEOPLE EX REL. DEPT. OF TRANSP. v. SUPERIOR COURT

Docket No. B063923.

5 Cal.App.4th 1480 (1992)

7 Cal. Rptr.2d 498

THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Petitioner, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; ERNESTO VERDEJA et al., Real Parties in Interest.

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

April 30, 1992.

Attorney(s) appearing for the Case

COUNSEL

Charles E. Spencer, Jr., Robert J. DeFea, Kenneth G. Nellis, Daniel C. Murphy and Ronald W. Rogers, for Petitioner.

No appearance for Respondent.

Newell & Messer, Phillip R. Newell and John W. Messer for Real Parties in Interest.

OPINION

GILBERT, J.

Are Judicial Council form complaints invulnerable to a demurrer? No.

Real parties in interest used a form complaint to state a cause of action against a governmental entity. The governmental entity demurred. The trial court overruled the demurrer on the ground that a Judicial Council form complaint is immune from attack by way of demurrer. We conclude otherwise...

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