hour set hearing in California

2024Standard of Review Our review of the trial court’s ruling on a demurrer is governed by well- settled principles. “ ‘[O]ur standard of review is de novo, “i.e., we exercise our independent judgment about whether the complaint states a cause of action as a matter of law.” [Citation.]’ [Citation.] ‘ “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.’ ” ’ ” (Walgreen Co. v. City and County of San Francisco (2010) 185 Cal.App.4th 424, 433 .) Specifically, “a demurrer . . . does not admit the truth of allegations

1967Code, § 35313] which requires ‘the legislative body . . . [to] hear and pass upon all protests so made. ’ ” (At p. 43.) The further contention of appellants that the city council could not properly permit property owners who had filed protests to withdraw such protests finds support in Daily v. City of Pomona, 207 Cal.App.2d 637 [ 24 Cal.Rptr. 618 ] but this does not alter the fact that prior to the hour set for hearing, the protests that had been received by the city council amounted to only 18.90 percent, far short of the 50' percent required to void the annexation.

1967Code, § 35313] which requires ‘the legislative body . . . [to] hear and pass upon all protests so made. ’ ” (At p. 43.) The further contention of appellants that the city council could not properly permit property owners who had filed protests to withdraw such protests finds support in Daily v. City of Pomona, 207 Cal.App.2d 637 [ 24 Cal.Rptr. 618 ] but this does not alter the fact that prior to the hour set for hearing, the protests that had been received by the city council amounted to only 18.90 percent, far short of the 50' percent required to void the annexation.

1961Section 35312 of the Government Code is in part as follows: “At any time before the hour set for hearing objections, any owner of property within the territory may file written protest against the annexation. ’ ’ The finding was: “No written protests against the annexation of said territory to the City of Industry were filed with the City of Industry, the City Clerk, or any officer of said eity before said hour set for hearing objections. ’ ’ In 1955, section 35313 was amended by the addition of the words, “As used in this article, ‘ value of the territory ’ means the value of the land and imp

1961Section 35312 of the Government Code is in part as follows: “At any time before the hour set for hearing objections, any owner of property within the territory may file written protest against the annexation. ’ ’ The finding was: “No written protests against the annexation of said territory to the City of Industry were filed with the City of Industry, the City Clerk, or any officer of said eity before said hour set for hearing objections. ’ ’ In 1955, section 35313 was amended by the addition of the words, “As used in this article, ‘ value of the territory ’ means the value of the land and imp

1961That language is “At any time before the hour set for hearing objections, any owner of property within the territory may file written protest against the annexation. ’ ’ (Emphasis added.) Guidance is found in County of Los Angeles v. Frisbie, 19 Cal.2d 634 , wherein it was said at page 642 [ 122 P.2d 526 ] : “Excepting when clearly otherwise intended or indicated, words in a statute should be given their ordinary meaning and receive a sensible construction in accord with the commonly understood meaning thereof.” (See also Behling v. County of Los Angeles, 139 Cal.App.2d 684, 687 [ 294 P.2d 534

1961That language is “At any time before the hour set for hearing objections, any owner of property within the territory may file written protest against the annexation. ’ ’ (Emphasis added.) Guidance is found in County of Los Angeles v. Frisbie, 19 Cal.2d 634 , wherein it was said at page 642 [ 122 P.2d 526 ] : “Excepting when clearly otherwise intended or indicated, words in a statute should be given their ordinary meaning and receive a sensible construction in accord with the commonly understood meaning thereof.” (See also Behling v. County of Los Angeles, 139 Cal.App.2d 684, 687 [ 294 P.2d 534

1961As the court said in Cox v. Tyrone Power Enterprises, 49 Cal.App.2d 383 , at page 397 [ 121 P.2d 829 ]: “Particularly is it true that incidental statements of conclusions not necessary to the decision are not to be regarded as authority. ’ ’ Examples from the Street and Highways Code will suffice.

1961As the court said in Cox v. Tyrone Power Enterprises, 49 Cal.App.2d 383 , at page 397 [ 121 P.2d 829 ]: “Particularly is it true that incidental statements of conclusions not necessary to the decision are not to be regarded as authority. ’ ’ Examples from the Street and Highways Code will suffice.

1952Co. v. City Council of Sausalito, 34 Cal.2d 660 [ 213 P.2d 704 , 18 A.L.R.2d 1247 ].) That act provides as follows: “At any time not later than the hour set for hearing objections to the election, any owner of property within the territory may make a written protest against the election.

1952Co. v. City Council of Sausalito, 34 Cal.2d 660 [ 213 P.2d 704 , 18 A.L.R.2d 1247 ].) That act provides as follows: “At any time not later than the hour set for hearing objections to the election, any owner of property within the territory may make a written protest against the election.

1930(WatKinson v. Vaughn, 182 Cal. 55 [ 186 Pac. 753 ].) In section 7 of the Improvement Act there is the following clause: “If no protests or objections in writing have been delivered to the clerk up to the hour set for hearing *401 provided in Section 3 hereof, or when a protest shall have been found by said city council to be insufficient, or shall have been overruled, or, when a protest against the extent of the proposed district shall have been heard and denied, immediately thereupon the city council shall be deemed to have acquired jurisdiction to order the proposed improvements.

1930(WatKinson v. Vaughn, 182 Cal. 55 [ 186 Pac. 753 ].) In section 7 of the Improvement Act there is the following clause: “If no protests or objections in writing have been delivered to the clerk up to the hour set for hearing *401 provided in Section 3 hereof, or when a protest shall have been found by said city council to be insufficient, or shall have been overruled, or, when a protest against the extent of the proposed district shall have been heard and denied, immediately thereupon the city council shall be deemed to have acquired jurisdiction to order the proposed improvements.