Carter v. Hobba

DORAN, J. Plaintiff and respondent Carter is the owner of a private patrol system duly licensed under chapter 11, division 3 of the Business and Professions Code of the State of California. For some time prior to September 20, 1948, respondent had been engaged in the business of guarding private property for compensation in the city of Signal Hill, at which time there was no ordinance regulating such business. In connection with such business respondent had entered into various contracts with Signal Hill residents and businessmen for the protection of property in that district.

On December 20, 1948, the city of Signal Hill passed and adopted Ordinance 311 requiring for such business a permit from the city council with license fees of $25 for conducting a patrol system and $10 from every person engaged as a patrolman. On January 28, 1949, respondent Carter deposited with the city clerk the sums above mentioned and requested the issuance of the specified licenses. Applications for such licenses were denied by the city council at a meeting held on March 31, 1949. It appears that the basis for refusing to issue the licenses was a letter from the chief of police recommending such action because of a report, attached thereto, of Patrolman Schrank who, in turn, had been informed by the sheriff’s office that respondent had been previously arrested, had an F.B.I. record, etc.

Respondent’s petition for a writ of mandate was filed on June 27, 1949, seeking to compel issuance of the licenses in question. The appellant city officials filed a demurrer to the petition on the ground of uncertainty, and on July 15, 1949, this demurrer was sustained and respondent given 10 days to amend. Respondent’s brief asserts that no written notice of the court’s ruling was given although the right to such notice had been expressly reserved.

On August 1, 1949, 11 days after the demurrer was sustained, the city council adopted, as an emergency measure to take immediate effect, Ordinance No. 315, providing, as appellants state, “a comprehensive series of provisions governing patrol systems.” The respondent’s brief avers that this was passed “surreptitiously,” with one newspaper publication, and without notice to respondent.

An amended petition for writ of mandate was filed by respondent on August 31, 1949, 30 days after adoption of the new ordinance. In the amended petition the new ordi[172]nance is not mentioned. On September 16, 1949, an amended alternative writ of mandate was issued requiring the city officials to issue a license for a private patrol system under the original Ordinance 311 or show cause in reference thereto. The appellant officials filed an answer and return, alleging passage of the new Ordinance No. 315; that respondent had not complied with Ordinance 315, and that by reason of its passage prior to the filing of respondent’s amended petition, the matter had become moot.