Golden Gate Sightseeing Tours, Inc. v. City & County of San Francisco

STURTEVANT, J.

—The plaintiff filed a complaint asking an injunction against the defendants restraining them from enforcing Ordinance No. 11.01111. The defendants filed a demurrer alleging that the complaint did not state facts sufficient. The demurrer was sustained and from the judgment thereafter entered the plaintiff has appealed.

In its brief the plaintiff makes numerous attacks on the validity of the ordinance. In the brief of the defendants they reply to the attacks so made by the plaintiff and

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they state rather fully an additional reply that, “The demurrer was properly sustained regardless of alleged invalidity of the ordinances, on the ground that no property right of plaintiff was being invaded, plaintiff was endeavoring by injunction to stay the operation of an ordinance carrying penalties for infractions, and would have had a plain, speedy and adequate remedy at law had there been any enforcement of the ordinance.” As that point seems to be well founded, we will not undertake to discuss the objections made to the provisions of the ordinance.

In its complaint the plaintiff pleaded the ordinance

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and also pleaded many of its provisions as to their legal effect. As showing its relation to the ordinance the plaintiff pleaded the following facts; Since May 25, 1936, plaintiff has been a corporation organized to own, operate and rent automobiles, jitney busses, auto trucks, stages and auto stages in the transportation of persons and property as a common carrier over the public highways; and in particular over the streets and highways of the city and county of San Francisco. It is alleged that the incorporators, directors and officers of plaintiff have for many years been engaged in the business of operating auto busses for hire in transporting persons and property in other states and in other cities, but there is no allegation that the plaintiff was ever so engaged in the city and county of San Francisco. It is alleged that the plaintiff’s busses are registered under the Vehicle Code and carry licenses and certificates of registration permitting the use thereof in the transportation business, and that plaintiff has paid the license fees provided in the Vehicle Code. It is also alleged that the plaintiff has invested and expended for the purpose of engaging in the transportation business