Cameron v. City of Richmond

HAVEN, J.

This is an appeal from a judgment of the superior court in and for the county of Contra Costa in favor of the defendants. The plaintiff sued as a taxpayer of the city of Richmond, a municipal corporation, to obtain a judgment for $13,950 in favor of the city against all of the defendants, except the city of Richmond, which is impleaded as a party defendant, upon an alleged cause of action for money illegally expended and paid to the members of the council of the city of Richmond in monthly payments of $50 each as salary in addition to the compensation they were entitled to receive at the time of their election. Judgment was entered upon an order sustaining a demurrer to the amended complaint after plaintiff had

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elected to stand upon his pleading. The mayor of Richmond, its nine - councilmen, the city clerk, auditor and treasurer, together with two ex-members of the council, were joined with the city of Richmond as defendants. In substance, it is alleged that the present city officers since July 1, 1917, have joined in issuing, auditing, and paying demands on the city treasury for salaries of hold-over councilmen, and that the former officers, prior to July 1, 1917, and subsequent to August 1, 1915, joined in similarly paying corresponding demands to those who were members of the council during that period, namely, the hold-over councilmen and the two ex-members of the council joined as defendants. The payments were made pursuant to an ordinance adopted by the council July 19, 1915, which it is claimed was invalid, or at least inapplicable to the salaries of those who were in office at the time of its adoption, as constituting an increase of compensation of municipal officers during the terms for which they were elected, in violation of section 9 of article XI of the constitution of California.

All the defendants joined in a single demurrer. It was general and special. The grounds of special demurrer were misjoinder of parties defendant, and ambiguity, uncertainty, and unintelligibility, in that it cannot be ascertained from the complaint whether or not the plaintiff claims that the compensation of five dollars per day alleged to have been paid to defendants was paid to them as mem hers of the board of equalization or as members of the council. This last matter is hereinafter discussed in considering the ruling of the trial court with reference to the general demurrer. In the matter of misjoinder, it was stated that E. J. Gerard is improperly joined as a party defendant with each and every of the other defendants in said action. In separately lettered paragraphs, the same statement was made as to each of seven other of the individual defendants, among whom wure the city clerk, and auditor and the two ex-councilmen. On behalf of the respondents it is argued the demurrer was properly sustained, for the reason that there is no cause of action stated against the city clerk, and he was, therefore, an improper party.