Palmer v. West Kern County Water District

COUGHLIN, J. The issues on this appeal concern the rights of two attorneys to recover from a county water district for legal services allegedly rendered in connection with the formation of that district.

The first amended complaint herein alleges that the defendant, West Kern County Water District, which is the respondent herein, was formed on May 19, 1959; that prior thereto the plaintiffs Palmer and Vizzard, who are the appellants herein, “were retained by the organizers and directors of [43]said District to prepare the necessary papers, resolutions, petitions, notices, and to perforin other legal steps required to form and organize said District; that pursuant to such employment, plaintiffs did prepare the necessary papers, resolutions, petitions, notices, and did perform other legal steps required to organize and form said District.” The first and second causes of action set forth in this amended complaint allege, respectively, (1) that the plaintiff Palmer “pursuant to such employment . . . rendered services to and disbursed costs for said District; that the reasonable value of said services is $5,425.00”; and the costs disbursed amount to $177.27; and (2) that the plaintiff Vizzard “rendered services for” the district; that the reasonable value thereof was $908; and in addition that he advanced costs in the amount of $21.51. Itemized statements of the services and costs aforesaid were attached to the first amended complaint as exhibits.

A general and special demurrer to these two causes of action was sustained without leave to amend, and a judgment of dismissal followed from which the plaintiffs have taken this appeal.

At the outset it should be noted that the parties, in their briefs, refer to a number of facts which are not a part of the record. The sufficiency of the amended complaint before us must be determined from the facts alleged therein (Weil v. Barthel, 45 Cal.2d 835, 837 [291 P.2d 30]), which must be regarded as true (Carruth v. Fritch, 36 Cal.2d 426, 429 [224 P.2d 702, 24 A.L.R.2d 1403] ; Speegle v. Board of Fire Underwriters, 29 Cal.2d 34, 41 [172 P.2d 867]), together with the facts of which this court may take judicial notice. (Weil v. Barthel, supra, 45 Cal.2d 835, 837; Talley v. Northern San Diego County Hospital Dist., 41 Cal.2d 33, 36 [257 P.2d 22].)

Pursuant to statute, the voters in a designated area, by petition presented to the board of supervisors, may propose the formation of a county water district (Wat. Code, §§ 30200-30204) ; after notice, a hearing on the petition is held before the board, which determines whether the statute has been complied with (Wat. Code, § 30263), fixes the boundaries of the proposed district in accordance with a stated rule (Wat. Code, § 30264), and calls an election for the purpose of determining whether the district shall be formed. (Wat. Code, § 30290). In the event the required vote is not obtained “the formation fails but without prejudice to renewing proceedings at any time in the future.” (Wat. Code, § 30297.) On the other hand, if the required vote is obtained the board of