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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)

Citation
Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)
Parent Document
Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)
Jurisdiction
California (state)
Effective Date
1978-10-06

Other Sections in This Document (69)

Full Text

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These discursions of the parties are wide of the mark. In sustaining the demurrer, the trial court decided only that the complaint did not state a cause of action because the statute under which plaintiffs claimed (Gov. Code, §§ 7260-7274) did “not apply to persons who may become tenants of the public agency, or a subtenant thereof after the date of acquisition.” We hold that the trial court’s interpretation of this statute was erroneous as a matter of law and that plaintiffs should be permitted to amend their complaint. Thereafter plaintiffs will be put to their proof and will be entitled to benefits and assistance as provided by statute if they sustain their burden. The demurrer to the first cause of action in which relocation advisory assistance is sought was predicated primarily on the argument that the complaint on its face revealed plaintiffs were not displaced persons under section 7260. The trial court, erroneously, agreed with the defendant. The resolution of this appeal does not require that we decide the precise scope and meaning of section 7261. It is enough to say as we do that plaintiffs must be allowed to amend to allege entitlement to the benefits provided thereunder.