MacLay Rancho Realty Co. v. Superior Court

CRAIG, J.

On or about July 7, 1925, one A. B. Widney commenced an action in the Superior Court of Los Angeles County, against the Maclay Rancho Realty Company, a corporation, for moneys alleged by the complaint and amendments thereto to he due to the plaintiff from the defendant therein through the subdivision and sale of certain real property under a contract in writing between the parties, dated June 1, 1928.

It appears that the defendant took the plaintiff’s deposition, which was filed on 'September 11, 1925, and that on the 18th a demurrer to the complaint, motion to strike, and demand for a bill of particulars were filed; that on September 28th an amended complaint was filed, and that on

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October 8th the demurrer to the complaint was sustained, and the motion to strike was denied. On January 20, 1926, the plaintiff filed bills of particulars, numbered 1 and 2, and entered the default of the Maclay Rancho Realty Company to his amended complaint; on the next day the Realty Company filed a demurrer to said amended complaint, notice of motion to strike therefrom, and a demand for bill of particulars; on January 25, 1926, a stipulation extending the defendant’s time to plead, an answer, and a cross-complaint were filed, together with a motion to vacate the default, which latter was thereafter granted, and Widney interposed an answer to the cross-complaint heretofore mentioned.

The bill of particulars, numbered 1 was furnished pursuant to the demand of the Realty Company, who objected thereto, and demanded a second bill, which also was furnished. Bach such bill of particulars consisted of more than seventy pages, and is claimed to have contained receipts and disbursements by the plaintiff for the defendant’s account, covering transactions extending over a period of about two years, under their contract, as shown by the plaintiff’s books and records.

By its cross-complaint the defendant Realty Company demanded an accounting “of all the collections, dealings and transactions from the commencement thereof and the money received and paid to the plaintiff and paid by the plaintiff to the defendant respectively.”

On April 5, 1926, the defendant Realty Company, petitioner herein, gave notice of motion, supported by affidavit of its counsel, for an order allowing its inspection of “the books of account, cash books, ledgers containing the entries of receipts and disbursements made and set forth in the bills of particulars dated October 12, 1925, and January 18, 1926, pertaining to transactions between the plaintiff and the defendant.” The motion was heard on April 15th, and was denied, with permission to renew it, counsel having stated that the moving documents were incomplete and requested such permission. The second motion for inspection was heard on April 22d, and it also was denied. On the twenty-sixth day of April the defendant again moved the same court for an order permitting inspection of the plaintiff’s books and records, which motion was heard on April 29th, and likewise denied. Bach of these motions was made