Harden v. Taylor

SHEPARD, J.

This is an appeal by William Morris Taylor from an order denying appellant’s “Motion to Record Notices of Dismissal and to Release Attachments. ’ ’

Facts

From the record before us it appears that some time in October 1958, the above-entitled action was filed in the Superior Court of Riverside County; that appellant was named as one of the parties defendant along with another party named

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Clifford J. Ely; just who the other defendants in the action were does not appear; a writ of attachment was issued and

Us pendens

was recorded in 32 counties in California; undescribed land of appellant (which appellant merely states was a “large amount”) was attached.

After communicating with plaintiffs’ counsel, appellant received a “dismissal” on June 21, 1959. On October 2, 1959, appellant filed a “Motion to Record Notices of Dismissal and to Release Attachments” with attached affidavit and points and authorities, but did not then serve any of such documents on opposing parties or counsel nor call the motion for hearing. On December 28, 1959, a direction to dismiss the action as to appellant without prejudice was filed with clerk of court and such dismissal was entered the same day. On January 7, 1960, appellant filed a notice of motion to increase the bond on attachment. The record likewise fails to show service of this notice or the attached affidavit. However, a minute order appears as of February 11,1960, in which the motion is denied. Therein it is recorded, “The Court finds that the action has been dismissed as to the said defendant. ’ ’ On March 27, 1961, a notice that the motion filed October 2, 1959, would be called for hearing on April 7, 1961, was mailed to counsel for plaintiffs and to Wallis D. Wilson. A minute order as of April 7, 1961, simply recites, “Argued by counsel. Motion Denied.”

Nowhere in the record before us does it appear exactly what the issues were in the action, nor who the parties defendant were. No copy of the complaint and answer accompany the record. Nothing in the record shows what land was, in fact, attached. In appellant’s affidavit he alleges that he owns land in 32 counties. He says that he deeded said land in 1957 to Ranch Development Corporation and took back a purchase-price mortgage on some sort of title clearance condition; that at that time he reserved an interest in the land for Edna M. Helvey, Mrs. George N. Foster, and Georgette McGregor. It is also apparent that an undetermined number of other persons may have or claim some interest, for he says the transfer to Ranch Development Corporation was for the purpose of clearing title. That some or all of such persons are defendants is not negated by any part of the record. What was presented to the trial court in argument is not disclosed. Even the augmentation of the record secured by appellant some three months after filing his brief on appeal does not help us.