Lloyd v. County of Los Angeles

STURTEVANT, J.

The plaintiff commenced this action against a large number of defendants. Many of the defendants appeared and answered. No one was served as a fictitious defendant and as to those named as fictitious defendants the action was dismissed. The County of Los Angeles was the only defendant appearing at the trial.

The plaintiff’s complaint was stated in three counts. In paragraph I of the first count the plaintiff alleged the corporate capacity of the County of Los Angeles. In Paragraph II he alleged the capacity of several corporations. Then in paragraph III he alleged: “That said defendants, and each of them, have, or claim to have, an interest in the fund sought to be recovered herein by the plaintiff, but that the nature, character or extent of such interest is unknown to plaintiff.” There are no other allegations in that purported count.

In the second count of his complaint the plaintiff alleged as follows:

“I.

“That heretofore on the 5th day of October, 1933 plaintiff recovered from the defendant, Caddo Company, a corporation, in the above entitled court a judgment in the sum of $15,000.00, with interest thereon at 7% per annum from

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October 5, 1933 until paid; that said judgment was entered on the 10th day of October, 1933 in Judgment Book 872 at page 202 of the records of the above entitled court. That no appeal was taken from said judgment and that the same is now a final judgment, and that the whole of said amount is due, owing and unpaid.

“II.

“That heretofore, towit, on the 9th day of February, 1934, the defendant, Caddo Company, a corporation, recovered a judgment in its favor in the sum of $5,368.33 from the County of Los Angeles, State of California; that the said sum is at this time in the hands of the Treasurer of the County of Los Angeles, State of California. That no appeal was taken from said judgment by the County of Los Angeles, State of California, and said judgment has now become a final judgment, and is entered in Book 879 page 77 of Judgments, Los Angeles County, State of California.

“III.