City of Los Angeles v. Superior Court
This case arises out of an attempted amendment to the Water and Power Employees’ Retirement Plan (WPERP). WPERP’s Board of Administration (Board) enacted the amendment and the Board of Water and Power Commissioners (Commissioners) approved it, but the Los Angeles City Council (City Council) vetoed it. The City of Los Angeles (City) demurred to the complaint by real parties in interest—WPERP, the Board, and four current and former members of the Board—in part on the ground that WPERP and the Board are sub-units of the City and lack the capacity to sue the municipal corporation of which they are a part and do not have standing to maintain this action. The trial court overruled the demurrer.
The City filed this petition for a writ of mandate directing the trial court to vacate its order overruling the City’s demurrer to the first amended complaint by WPERP and the Board[1] and to enter a new order sustaining the demurrer without leave to amend. We deny the petition.
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