Branker v. Superior Court

MUSSELL, J.

Petitioners herein seek a writ of mandate requiring the Superior Court of the State of California,

[817]

in and for the County of Riverside, to hear and determine on its merits a motion to dissolve an injunction pendente lite in an action pending in said court entitled

Roy E. Smith, Plaintiff,

v.

Sol Branker et al., Defendants,

case Number 67463.

On February 18, 1958, the superior court entered a temporary restraining order in said action and on said date issued an order to show cause why a temporary injunction should not be issued restraining the defendants, pending the trial of the action on its merits, from doing any of the acts set forth in the restraining order issued. The order to show cause was heard and submitted and, on March 27, 1958, the court issued an injunction pendente lite ordering 1'. . . [t] hat pending the trial of the above entitled action on its merits, and until final disposition thereof, the defendants Sol Branker, Sam Branker, Leo Branker individually, and Sol Branker, Sam Branker and Leo Branker, doing business as Branker Bros., Western Cattle Feeders, a corporation, Western Cattle Feeders, a corporation, doing business under the name and style of B-W Cattle Co. and Eugene Melinkoff, and each of them, be and they are, and each of them is hereby enjoined from paying to, delivering to, depositing for, or in any manner placing in the hands of the defendants, Sol Branker, Sam Branker, or Leo Branker, or either of them, individually or as co-partners doing business under the name and style of Branker Bros., or in the hands of their agents or employees, any net profit or profits earned or acquired from the sale or disposal of any of the steers now being fed, handled, processed or sold for or on behalf of said defendants Branker, or any or either of them. ...” The temporary injunction was denied as to the Bank of America National Trust and Savings Association.

On March 26, 1958, petitioners filed a verified answer and counterclaim. On May 1, 1958, the defendant Western Cattle Feeders corporation filed its answer, and on May 7, 1958, answer was filed by defendant Eugene Melinkoff. On May 16, 1958, petitioners herein filed and served a notice of motion to dissolve the injunction pendente lite. In the affidavit of Gabriel Hoffenberg, filed in support of the motion, certain matters were set forth which occurred after the granting of the injunction pendente lite. Other affidavits in support of the motion were filed by defendant Sol Branker and by Jacob G. Efron.