Downey v. Allen

YORK, P. J.

On April 24, 1934, appellant filed an action in the Municipal Court of the City of Long Beach against the defendant Charles C. Matlock and others, including one Ola E. Matthews. Matlock was served with a copy of the summons and complaint therein and upon his failure to answer, appellant on July 23, 1934, caused his default to be entered. Execution thereafter issued and was returned wholly unsatisfied, and on July 12, 1935, appellant obtained an order for the examination of said defendants in proceedings supplementary to execution and on that day served notice thereof on defendant Matlock. About July 17, 1935, defendant Matlock attempted to have the default set aside and it is charged in the second amended complaint herein that in connection therewith said Matlock and one Ralph Allen (a special officer appointed by the chief of police of the city of Long Beach, and in the employ of Matlock) together with certain other persons entered into a conspiracy to make it appear by false and perjured testimony that Matlock had not been served with said process. It is further alleged that Allen and Matlock conspired to have appellant accused and convicted of giving a bribe to Allen. This plan called for Allen to lure appellant to his home upon the pretense that

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appellant would be shown a letter which would prove that Matlock had been served in said action, and then make it appear that appellant had given Allen a bribe in order to induce him to testify falsely on appellant’s behalf with respect to the service of said complaint on Matlock. It is alleged that, in furtherance of this conspiracy, Allen went to the respondent William H. Brayton, a deputy district attorney of Los Angeles County, and to the respondent Frank Shoffstall, a deputy sheriff of said county assigned to the duty of investigator in the office of the said district attorney, and falsely represented to said officers that appellant had offered him (Allen) a bribe to testify that Matlock had actually been served with a summons and complaint in the municipal court action. It is further alleged that Brayton, in order to obtain some corroboration, of Allen’s story, suggested to Allen that he accept said bribe from appellant and that Brayton, having been misled by Allen to believe that appellant had actually paid Allen a bribe of $50, caused a complaint to be prepared charging appellant with bribery, which complaint was sworn to by the defendant Allen. A warrant was issued upon this complaint by the Municipal Court of Long Beach, and appellant was arrested by the respondent Shoffstall under this warrant. He was then tried for bribery in the superior court where he was prosecuted by the respondent Clifford Grail in his official capacity of deputy district attorney, and was convicted of the crime of bribery. Thereafter a new trial was granted to appellant, he was tried a second time and was acquitted. He then brought the instant action for damages for false imprisonment, malicious prosecution of the civil suit, assault and battery and kidnaping.