Greater Westchester Homeowners Ass'n v. City of Los Angeles

California Court of Appeal Dec 16, 1970 No. Civ. 36109Published

Before: Dunn

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Holding. The court held that the appellant Association lacked standing to sue as a representative of its members because it failed to state a cause of action and did not belong to the class of homeowners allegedly damaged by the airport.

Issues

Whether the appellant Association stated a cause of action in its complaint.
Whether the appellant Association had standing to maintain a representative class action.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Inasmuch as no cause of action is stated on behalf of appellant the trial court properly sustained the demurrer and granted the motion and, upon appellant’s failure to amend, properly dismissed appellant from the action.”

“Appellant cannot give itself standing to sue by purporting to represent a class of which it is not a member or a group of persons not belonging to the class.”

[525]

Opinion

DUNN, J.

Appellant, Greater Westchester Homeowners Association, Inc., together with some 669 individually named persons, filed a first amended complaint to which respondent, City of Los Angeles demurred and filed a notice of motion to strike some paragraphs from the amended complaint. The demurrer and motion to strike were heard together, the court sustaining the demurrer and granting 20 days leave within which to amend; it additionally granted the motion to strike so far as appellant Association was concerned. The Association filed no amendment within the time allowed,

and a judgment was filed dismissing Association from the action. It appeals from this judgment.

The suit purported to be a class action. The amended complaint’s first paragraph alleged: “Plaintiffs (property owners, residents and those similarly situated, herein called Homeowners) are the individuals named in the caption of this Complaint and those similarly situated.” The fourth paragraph alleged: “Greater Westchester Homeowners Association, Inc. is a non-profit California corporation organized by persons owning property or residing in the Westchester area of Los Angeles for the purpose of their mutual protection against damage to their property, person, family and those residing with them, caused by the Los Angeles International Airport. Association therefore sues as a representative of its members.” Following these allegations no further mention is made of the Association. All the allegations are made by “Homeowners.” For example, the complaint alleges “Homeowners” filed claims with defendant city; “Homeowners’ ” properties were damaged by virtue of noise, vibration and fumes arising from use of the airport; and “Homeowners” suffered personal injuries. In their prayer for relief, “Homeowners” seek (1) compensation for the taking and damaging of their properties (inverse condemnation), (2) money for damage to each home (property damages) and (3) damages for personal injuries.

Inasmuch as no cause of action is stated on behalf of appellant the trial court properly sustained the demurrer and granted the motion and, upon appellant’s failure to amend, properly dismissed appellant from the action.

Greater Westchester Homeowners Ass'n v. City of Los Angeles

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DUNN, J.

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