Orton v. Daigler

FRICKE, J.,

pro tem.

Prior to the present action appellant and respondent E. L. Daigler were joined as defendants in a condemnation suit filed by the city of Los Angeles by reason of their being, respectively, the landlord and tenant of a piece of real property a portion of which was sought to be condemned. It appears that the report of the referees as confirmed by the court in the condemnation suit fixed the value of the leasehold interest of respondent Daigler as $829,” and that the Superior Court of Los Angeles County by its order authorized the city of Los Angeles to pay this-amount into the hands of the clerk of said court. Thereafter appellant brought this action for declaratory relief under section 1060 of the Code of Civil Procedure to determine the right to said deposit and for a judgment awarding

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eaid sum to appellant. The respondent E. L. Daigler interposed a demurrer to the complaint herein and also moved the court to direct the clerk to pay over to said respondent the said sum of $829. On March 17, 1931, the court ordered that the demurrer be sustained without leave to amend, and ordered that the motion be granted, and on March 23, 1931, made the following order:

“An order having been made and entered in this action on the 17th day of March, 1931, granting the defendant E. L. Daigler’s Motion for Order to release money in the hands of the County Clerk to the said E. L. Daigler, and further that on said 17th day of March, 1931, an order was made and entered in this action sustaining defendant E. L. Daigler’s Demurrer to the Amended Complaint for Money (Declaratory Relief) herein without leave to amend,—

“Now, therefore, on motion of James E. Mahon, attorney for E. L. Daigler, it is ordered and adjudged that L. E. Lampton, County Clerk of Los Angeles County, be and he hereby is ordered and directed to pay over, surrender up and deliver to the defendant E. L. Daigler the sum of $829.00 deposited with the said L. E. Lampton, pursuant to an order of this court made and entered on or about the 7th day of November, 1930.

“It is further ordered and adjudged that the Demurrer filed by defendant E. L. Daigler to plaintiff’s Amended Complaint for Money (Declaratory Relief) be and the same is hereby sustained without leave to amend, and that the defendant, E. L. Daigler, have and recover costs of said plaintiff, taxed at $-.”