Welch v. Gunn

HAHN, J.,

pro tern.

The action which gives rise to this appeal was brought in the Municipal Court of the City of Los Angeles for the purpose of recovering judgment for $1,000, the complaint being drawn in the form of a common count, alleging the rendering of services by the plaintiff to the defendant, Hettie Reese, at her instance and request, and the reasonable value thereof. From a judgment rendered in favor of the plaintiff for the sum of $1,000, the defendant, Hettie Reese, appealed to the Superior Court in and for the county of Los Angeles, which court in due course affirmed the judgment of the lower court.

The case comes here upon appeal taken by defendant Hettie Reese during her lifetime. Pending appeal the defendant Hettie Reese, deceased, and L. O. Gunn, the duly appointed and qualified executor of the last will and testament of Hettie Reese, deceased, was substituted as defendant and appellant by order duly made.

Appellant argues at length that the Superior Court erred in refusing to grant her motion for a new trial and her motion to vacate the judgment of the Municipal Court. The reasons urged are:

1. That the evidence is insufficient to support the findings.

2. That upon the findings, the conclusions of law should have been in favor of defendant and judgment rendered thereon for the defendant.

3. That the judgment is excessive.

[361]

A brief

résumé

of the evidence is necessary to a discussion of the points raised.

Plaintiff and defendant were stepsisters, the former residing in New York and the latter in Los Angeles. Each was advancing in years and living alone without a family. Plaintiff was employed at a salary that provided her with a comfortable living, while defendant was possessed of a home and independent means, but in poor health and requiring the companionship of someone in the home with her. Through correspondence the defendant suggested to the plaintiff that if she would come and make her permanent home with her, that she (the defendant) would pay the expenses of maintaining the home. Without going into the details of the testimony with regard to the arrangement, it may be fairly inferred that it was the understanding of both parties that the arrangement contemplated a permanent home for the plaintiff as long as either of the sisters lived. Pursuant to the invitation to the plaintiff from the defendant, plaintiff gave up her position in New York and came to Los Angeles, making her home with the defendant for a period of about eight months, when, by reason of the conduct of the defendant and her treatment of the plaintiff, she (the plaintiff) was compelled to leave the home and return to New York. Following this breaking up of the arrangement, plaintiff brought this action in the Municipal Court of the City of Los Angeles to recover a judgment for the sum of $1,000 as compensation for the services rendered by her to the defendant during said period of eight months.