Southern California Title Clearing Co. v. Laws

Opinion

FILES, P. J.

This action was brought by plaintiff Southern California Title Clearing Company, a partnership, for declaratory relief and partition.

Plaintiff is the owner of an undivided five-sixths, and defendant Hazel K. Laws owns the other one-sixth of the fee in a lot which is subject to a community oil and gas lease. Defendant Albert Stevenson has, by assignment, acquired the original lessee’s interest.

The purpose of the action is to partition the fee, as between plaintiff and Laws, and to declare the lease terminated upon the alleged ground that oil and gas are no longer being produced in paying quantities. The judgment of the trial court, entered January 12, 1967, declared (a) that plaintiff was entitled to partition against Laws, and (b) the lease is in full force and effect.

On May 3, 1967, there was entered an “interlocutory judgment directing sale of real property and appointment of referee.”

On March 8, 1967, plaintiff filed a notice of appeal whereby it appealed from the whole of the judgment “entered January 9th, 1967,” and from the order made on February 28, 1967, denying plaintiff’s motion to vacate the judgment under Code of Civil Procedure section 663.

We deem this a valid appeal from the January 12, 1967, judgment and from the February 28, 1967, order.

On May 22, 1967, plaintiff filed a second notice of appeal from the judgment “entered January 9th, 1967,” and from the judgment “entered May 3d, 1967.”

We deem this a valid appeal from the May 3, 1967, judgment.

Laws has not appealed, and has not submitted a brief.

[589]

Plaintiff’s brief on appeal seeks a reversal of the judgment in favor of the lessee, and a modification of the judgments relating to partition. The two aspects of the case will be discussed separately.

Concerning the Lease

On January 22, 1937, the predecessor of the defendant-lessee entered into a community oil and gas lease with the owners of 13 lots in block B of tract 586 in Los Angeles County. This lease, known as the 586-B community area lease, was recorded on July 13, 1937. Separate counterparts, identical in language, were executed by the respective lessors and the original lessee. These instruments provide that all i 3 “shall be construed together and shall constitute one community lease.” Plaintiff is a coowner of only 1 of the 13 lots. The owners of the other 12 lots have not been named as parties, and have not appeared in the action.