Seven Up Bottling Co. of Los Angeles, Inc. v. Grocery Drivers Union Local No. 848

97 Cal.App.2d 623 (1950) SEVEN UP BOTTLING COMPANY OF LOS ANGELES, INCORPORATED, Appellant,

v.

GROCERY DRIVERS UNION LOCAL NO. 848 (a Labor Organization and Unincorporated Association) et al., Respondents.

Civ. No. 17610. California Court of Appeals. Second Dist., Div. One.

May 18, 1950. Thomas P. Menzies, Harold L. Watt and Carl M. Gould for Appellant.

John C. Stevenson and Clarence E. Todd for Respondents.

DRAPEAU, J.

The instant action for an injunction, damages, preliminary injunction and a temporary restraining order was filed by plaintiff on June 29, 1949. On September 29, 1949, the trial court sustained defendants' objection to the introduction of evidence on the ground that the complaint failed to state facts sufficient to constitute a cause of action. On September 30, plaintiff filed notice of appeal from the order sustaining such objection, and on October 10, it filed its amended notice of appeal from such order.

Thereafter, on October 13, 1949, judgment was entered that plaintiff take nothing and that the preliminary injunction theretofore issued be continued in effect during the pendency of "an appeal by the plaintiff from the judgment of this court"; and that the bond of $3,000 be maintained in full force.

The next day, October 14th, an amendment to the judgment nunc pro tunc was entered ordering the temporary injunction of July 11, 1949, be continued in full force and effect "pending final disposition of the appeal from the order sustaining an objection to the introduction of evidence and pending the trial, if any, of this cause on the merits"; and decreeing that the $3,000 bond theretofore filed and approved should be sufficient "on the continuance of the injunction pursuant to this judgment."

[1] On October 26, 1949, plaintiff filed its second amended notice of appeal "from the order of the above entitled Court sustaining an objection to the introduction of the evidence upon the ground that the complaint did not state facts sufficient to state a cause of action, and from the order increasing the bond on the preliminary injunction." At the same time plaintiff also requested preparation of a clerk's transcript to include: "(13) Judgment of October 13, 1949; (14) Amendment to Judgment Nunc Pro Tunc of October 14, 1949."