Vitale v. City of Los Angeles

GOULD, J.,

pro

tem.

Under an ordinance of the City of Los Angeles plaintiff and his assignors paid to that municipality under protest various sums of money for liquor license stamps, both before and after December 5, 1933, the effective date of section 22, article XX of the Constitution of the state of California, which vested in the state the exclusive right and power, subject only to United States internal revenue laws, to control, license and regulate the liquor traffic. Decisions of this court prior to the commencement of this action had declared that as to dates before December 5, 1933, the Los Angeles city ordinance here in question, imposing a license tax on liquor businesses within that city, was valid and enforceable

(Los Angeles Brewing Co.

v.

City of Los Angeles,

8 Cal. App. (2d) 379 [48 Pac. (2d) 65]), but that as to dates subsequent thereto said ordinance was rendered void and unconstitutional by reason of section 22 of article XX of the state Constitution becoming effective on that date by the repeal of the Eighteenth Amendment to the Constitution of the United States.

(Los Angeles Brewing Co.

v.

City of Los Angeles,

8 Cal. App. (2d) 391 [48 Pac. (2d) 71].)

Although the within action sought in nine counts to recover a total of more than $10,000 for license stamps purchased both before and after December 5, 1933, upon trial it was stipulated that, in view of the decisions above adverted to, the scope of the hearing should be limited to payments made by plaintiff and his assignors on or subsequent to that date. By further stipulation it was agreed “that the only issue to be determined by the court is whether the payments made to the city of Los Angeles . . . were made voluntarily or involuntarily”. As to this sole issue the trial court found

[706]

that the payments were involuntary, and gave plaintiff judgment in the sum of $3,464.65, as representing the aggregate of amounts paid for license stamps during the time when it is conceded the ordinance was void, to-wit, on and after December 5, 1933. Defendant municipality appeals.