Stafford v. People ex rel. Department of Public Works

BISHOP, J. pro tem.* The plaintiff once owned some parcels of land which, for all our purposes, may be sufficiently identified as being lot 23 and lots 30 and 31. Starting with the fact that he had acquired these lots, plaintiff fashioned his third amended complaint in eight causes of action. We are using “causes of action” as synonymous with “counts,” for we agree with the determination of the trial court that, actually, the plaintiff presented no cause of action. We regard this action as essentially one against the state (see Bacich v. Board of Control (1943), 23 Cal.2d 343, 346 [144 P.2d 818, 821]), and shall hereinafter speak as though the state were the only defendant. Because we have reached the [149]conclusion—as did the trial court—that the plaintiff is not entitled to a favorable judgment upon any of his causes of action, we are modifying the judgment by adding that which does not appear there, but is forecast in the conclusions of law, that is, that plaintiff take nothing by reason of his third amended complaint.

As will develop, we need not go into details with respect to the several causes of action, and so shall sketch them but briefly, yet sufficiently to depict their characters. Plaintiff’s first, second and fifth causes of action are bottomed on the facts, as alleged, that the plaintiff deeded lot 23 to Mrs. Stafford to secure an outstanding indebtedness of his to her; induced by misrepresentation, Mrs. Stafford deeded the lot to the state; then she deeded it to the plaintiff together with an assignment of her right to rescind the sale, which right he exercised; the deed to the state is still a sore spot in his title. Essentially, these three causes of action are to quiet plaintiff’s title to lot 23, as against the state. This characterization is not affected by the fact that allegations are added to give the counts an appearance of being causes of action for declaratory relief.

The third and sixth causes of action are also to quiet plaintiff’s title, as against the state, this time as to lots 30 and 31. These lots were covered by trust deeds to secure a small loan made the plaintiff; were sold by the trustee under faulty procedure, plaintiff says; and were then sold to the state.

The fourth cause of action is one to enjoin the state authorities from spending further money in the construction of a freeway across a portion of territory where there has been oil drilling, followed by some wells, now abandoned, blowing up, and because “there is no assurance said oilwells will not blow out in the future and do damage to said freeway.” Here again, plaintiff and the state authorities view the future with different apprehensions-—and so a declaratory judgment is desired.