In Re LA County Pioneer Society

California Court of Appeal May 15, 1956 No. Civ. No. 21159Published

Before: Ashburn

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Holding. The court held that the granting of a petition for hearing by the Supreme Court vacates the entire decision of the District Court of Appeal, rendering it a nullity and setting the cause at large for decision by the Supreme Court upon the entire record. Consequently, a prior appellate order awarding costs that was not explicitly affirmed by the Supreme Court is not enforceable.

Issues

Whether the granting of a petition for hearing by the Supreme Court vacates the entire decision of the District Court of Appeal or only the portions challenged by the petitioner.
Whether an award of costs contained in a vacated District Court of Appeal opinion remains the law of the case if not specifically addressed by the Supreme Court.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The opinion and decision of the District Court of Appeal, by our order of transfer, have become a nullity and are of no force or effect, either as a judgment or as an authoritative statement of any principle of law therein discussed.”

“On the contrary, the transfer of the case here by the court of its own motion or on the petition of any of the parties, set the case at large for the decision of this court upon the entire record.”

“In the face of the general appeal taken by Pioneer and the general petition for hearing filed by it, there is no merit in the contention that the entire cause was not taken over by the Supreme Court”

141 Cal.App.2d 563 (1956) In re LOS ANGELES COUNTY PIONEER SOCIETY, in Process of Winding Up. HARRY J. LELANDE, Appellant,

THE PEOPLE, Respondent.

Civ. No. 21159. California Court of Appeals. Second Dist., Div. Two.

May 15, 1956. Ray Howard and Alfred P. Peracca for Appellant.

Edmund G. Brown, Attorney General, Edward Sumner and James C. Maupin, Deputy Attorneys General, for Respondent. [564]

ASHBURN, J.

[1a] This appeal is taken by Harry J. Lelande from an order denying his motion for reimbursement for costs incurred in litigation involving the attempted dissolution of Los Angeles County Pioneer Society (In re Los Angeles County Pioneer Soc., 40 Cal.2d 852 [257 P.2d 1]).

That case was initially decided by this court (Cal.App.) 246 P.2d 1029; the opinion concluded as follows, at page 1034: "It is further ordered, however, that with respect to the accounting necessary in connection with the dissolution, the Superior Court is directed to award to Historical Society and Harry J. Lelande court costs incurred by each of them, in both the Superior Court and on appeal, in the protection of said fund against the wrongful use thereof, and such costs may be paid therefrom notwithstanding the commitment of Historical Society to use the fund according to its resolution." Upon petition of the Pioneer Society a hearing in the Supreme Court was granted, the order of the superior court declaring the society to be a charitable corporation and appointing a new trustee was affirmed, and no mention made of any award of costs to Lelande or reimbursement of same to him.

Appellant Lelande claims on this appeal that the order granting a hearing did not vacate the portion of the District Court opinion above quoted because it was not attacked by Pioneer and he, Lelande, did not petition for a hearing; that said quoted portion of the District Court's ruling remains the law of the case. At first view this appears to be a startling proposition and upon careful analysis proves to be wholly fallacious.

Briefly the background facts are these: Pioneer Society, organized in 1910, devoted its activities for years to collecting and preserving historical data concerning early history of California and especially Los Angeles County; collecting and preserving specimens and materials illustrative of early customs; perpetuating the memory of pioneers and cultivating fraternization among its members. But interest abated and membership dwindled in 58 persons in 1948. The idea was then conceived that the society was not a charity, that it should be dissolved and its assets distributed ratably among the members. To this end a proceeding for voluntary dissolution under the Corporations Code was filed. Several members, including Mr. Lelande, objected. He appeared in the proceeding and actively opposed the dissolution. In due course the attorney general intervened alleging that the society was a charitable trust and praying for the appointment

In Re LA County Pioneer Society

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ASHBURN, J.

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