Lovret v. Seyfarth

Opinion

AISO, J.

These consolidated appeals (2d Civ. Nos. 37636 and 37937) are, respectively, from minute orders made on November 25, 1969, and August 14, 1970, after entry on October 31, 1967, of a judgment which purported to correct and confirm, as corrected, an arbitration award. The judgment was rendered and caused to be entered by Court Commissioner Pfau acting as a temporary judge,

1

but without a stipulation of the parties.

In No. 37636, Frieda Seyfarth and Herman Seyfarth,

2

defendants and

[846]

appellants, appeal from the November 25, 1969, order which was made by the same temporary judge in response to a motion by plaintiff and respondent Ivar Lovret, entitled, “motion to modify interlocutory and conditional judgment, and to order issuance of writ of execution.” The order in the part relevant here reads: “[T]he court now finds and orders as follows: Ivar Lovret has complied with tender condition precedent as described in Judgment herein. [$] Let Execution issue consistent with said Ivar Lovret’s further declaration re amounts unpaid.”

In No. 37937, plaintiff Ivar Lovret appeals from the order of August 14, 1970, made by Judge John A. Arguelles, which: (1) recalled and quashed the writ of execution issued at Lovret’s instance, (2) vacated the levy of execution of funds ($1,117.64 approximately) belonging to the Seyfarths in the Pomona Main Office of the United California Bank and turned over to the custody of the Marshal of Los Angeles County, (3) vacated the order of November 25, 1969, as to both Seyfarths, and (4) vacated the judgment entered October 31, 1967, and provided in lieu thereof: “Said Judgment to be set aside in its entirety as to Frieda Seyfarth only; and said Judgment to be vacated and set aside as to Defendant Herman Seyfarth with a direction that the matter as to Herman Seyfarth be returned to arbitration for further proceedings resulting in a final determination of the issues.”

I.

The initial question is the determination of the validity of the two orders before us on this appeal. Resolution of this question may be made on the basis of procedural laws without getting into the substantive merits of the dispute. Consequently, at this point we recite only the facts and procedural background necessary to make this determination.