Los Angeles Drug Co. v. Superior Court

THOMPSON, J.

There are here involved two proceedings by which the petitioner seeks to prohibit the superior court from, dissolving an attachment in a ease pending in Los Angeles County, entitled

Los Angeles Drug Co.

v.

Albert I. Holland et al.

The allegations of the complaint in that case are to the effect that the defendants conspired and confederated together for the purpose of converting goods, wares, drugs and merchandise belonging to the plaintiff to their own use and benefit; that in pursuance thereof they did convert drugs, goods, wares and merchandise owned by the plaintiff to their own use and benefit; that-the reasonable value of the goods so converted is the sum of $18,000; and that no part thereof has been paid, although demand has been made therefor. A second count alleges that defendants have taken goods the full amount of which is unknown to plaintiffs; that the total amount can only be learned by an accounting; asks

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for an accounting and for the reasonable value of the goods taken. A writ of attachment was issued and levied. The defendants interposed a motion to dissolve the attachment upon the ground that the case was not one in which a writ of attachment may issue. The argument here, in behalf of respondent, proceeds upon that theory.

Before considering that question, however, there are other preliminary matters of which we should dispose. A petition for the writ of prohibition was first presented to the District Court of Appeal. That court issued its alternative writ and on June 26, 1936, made an order denying the peremptory writ of prohibition and discharging the alternative writ theretofore issued, without, however, delivering an opinion or giving any reason in writing for the order. Five days later, or on June 30, 1936, the District Court of Appeal amended the order just mentioned, by providing as follows: “the alternative writ heretofore issued is vacated and quashed”, instead of ordering it discharged. A petition for the writ of prohibition was filed in this court upon the theory that the alternative writ had been quashed and the respondent superior court permitted to immediately make the order it was alleged it was threatening to make. We issued the alternative writ, in case S. F. No. 15710. Subsequently, however, and on July 10, 1936, the District Court of Appeal rendered its opinion in the matter pending before it, and made its order denying the peremptory writ of prohibition and quashing and vacating the alternative writ. This court then granted a hearing and transferred the cause to this court. Inasmuch as both cases involve the same contemplated order we need not discuss them separately nor the reasons for or propriety of our issuance of the alternative writ, other than to consider the propriety of the order purporting to vacate and quash the alternative writ, the obvious purpose of which was to render the decision of the District Court of Appeal final. Undoubtedly, the order was made upon thé strength of the case of