Belnap Freight Lines, Inc. v. Petty

Opinion

McCOURTNEY, J.

*

Plaintiff Belnap Freight Lines, appeals from a stay order granted by the trial court under section 410.30 of the Code of Civil Procedure ¿njoining it from proceeding in the subject action until termination of certain proceedings' in Utah or until further order of the court.

The appellant initially brought an action in essence in fraud against two of the defendants in the present action, Neuman Petty and Petty Investment Company, claiming the defendants had used certain monies entrusted to them for investment on behalf of appellant to. purchase

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certain property in Montebello, California and taken title in the name of the Petty Investment Company, rather than appellant. That suit was settled in 1969 by an agreement whereby Neuman Petty as an individual was to pay appellant a sum in cash and one-half of the property was to be transferred to the appellant as tenant in common. The defendant Petty did not comply with the terms of the agreement but retained a one-half interest in the property and conveyed the other half to one Utahna Belnap, now deceased. In 1972 administration of the deceased Utahna Belnap was commenced in Utah. During the course of that administration the question of the interest of the estate in the Montebello property was raised, and subsequently an equitable action was instituted against the plaintiff herein and LeGrand L. Belnap to declare that they had no interest in the property. The Utah court enjoined the plaintiff from proceeding or prosecuting their claim in California against any of the parties to the various suits in Utah. None of the respondents in the action before us are parties to that suit although they all are relatives of the deceased and residents of Utah.

In April 1973, appellant commenced this action in Los Angeles Superior Court attempting to quiet title to the Montebello property, reform the deed, establish a constructive trust or in some manner obtain the one-half interest agreed upon in the stipulated settlement of the original suit. Defendants moved under Code of Civil Procedure section 410.30 to stay proceedings until the proceedings in Utah were terminated. The trial court granted the motion and plaintiff appeals claiming that the section is not applicable under these circumstances and therefore the court abused its discretion in granting the motion.