Leider v. LewisAnnotate this Case
Plaintiff-taxpayers filed a complaint against the City of Los Angeles and the Director of the Los Angeles Zoo (collectively, the City) alleging that the zoo was abusing its elephants. The trial court granted summary judgment to the City, ruling that the complaint raised nonjusticiable issues of public policy. The court of appeals reversed. After a bench trial, the trial court issued injunctions against the City. The court of appeal affirmed, holding (1) the court of appeal’s earlier decision established law of the case, thus barring the City’s new argument that the claim for equitable relief was precluded by Cal. Civ. Code 3369; and (2) the Legislature authorized taxpayer actions aimed at enjoining government expenditures that support criminal conduct. The Supreme Court reversed, holding (1) this case is governed by the general rule that law of the case does not apply to arguments that might have been but were not presented and resolved on an earlier appeal; and (2) the Legislature did not intend to overturn the long-established law governing equitable relief for violations of penal law when it amended Civil Code section 3369, but rather maintained the rule that a taxpayer action will not lie to enforce a Penal Code provision.