Liera v. Los Angeles Finance Co.

GRIFFIN, J.

Plaintiff brought an action in Imperial County for damages against defendant Los Angeles Finance Company, a corporation, Los Angeles Finance Counselors, a corporation, LeRoy’s Jewelers, a corporation, and Does I to X inclusive.

The four causes of action stated against the corporations are for damages for claimed ‘1 distress in mind and body and mental anguish” due to the malicious and wrongful attachment of wages and earnings in the amount of $70 for personal service rendered within 30 days previous to the date of the attachment, and for abuse of process thereafter.

In the complaint is the usual allegation that the names of the fictitiously named defendants were not known to plaintiff and that he would ask leave to amend the complaint to show their true names and the capacity in which they acted upon ascertaining these facts. It does not appear, from the record before us, that any of the defendant corporations named or any defendant denominated Does I to X inclusive were served with summons and complaint. However, plaintiff recites in his brief that summons was only issued against the corporations named and not against any individual and that an attorney accepted service by acknowledgment on the original summons, reciting: “Received this - day of -, Attorney for defendants for all defendants.” No attempt was made in the complaint to allege anything done by, or to state a cause of action against, any individual.

Plaintiff alleges that defendant, LeRoy’s Jewelers, in doing and causing to be done the various things complained of, acted through defendant Los Angeles Finance Company and Los Angeles Finance Counselors, the corporations named. Thereafter, a demurrer was filed reciting: “Come now defendants, Los Angeles Finance Company, a corporation, Benjamin B. Shapiro, Frank P. Shapiro, and Harry Sherwood (sued herein as Doe I, Doe II and Doe III respectively), individually and as copartners doing business under the firm name LeRoy’s Jewelers, and LeRoy’s Jewelers, a copartner

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ship, and demur to the complaint.” In addition, each filed a notice of motion for change of venue to Los Angeles County. This was accompanied by an affidavit of merit which also recites that Harry Sherwood was president of the Los Angeles Finance Company, a corporation; that Frank P. Shapiro was vice president; that the affidavit is made on behalf of the corporation and themselves, individually, and as copartners of LeRoy’s Jewelers, and that the Los Angeles Finance Company, formerly Los Angeles Finance Counselors, a corporation, and defendant LeRoy’s Jewelers’ principal and only place of business is in the city of Los Angeles and that the individual defendants resided there during all the times mentioned. Upon this showing the court denied the motion to change the venue.