Gordon R. Branch, Inc. v. Orange County District Council of Carpenters

BARNARD, P. J. This is an action to restrain the defendants from interfering with a building project being carried on in Orange County. The complaint alleged that the plaintiff had entered into a contract with one McVay to furnish labor and materials for the building of 221 houses; that the plaintiff was compelled to cancel that contract because McVay had obtained partial payments on a false representation that certain labor and material had been fully paid for; that certain carpenters and concrete workers employed by McVay were not paid by him; and that the plaintiff has been prevented from completing the work by the acts of the defendants in striking and maintaining picket lines, and threatening to continue to do so until the wages of the men employed by McVay [565]are paid. The prayer is for an injunction restraining the defendants from coercing the plaintiff into paying any wages thus due from McVay by striking, threat of striking or picketing the real property mentioned in the complaint.

A temporary restraining order was issued. Later, the court entered an order vacating that order; sustaining the defendants’ demurrer to the complaint; and granting a motion to strike portions of the complaint. The plaintiff has appealed from that order. On its application the court entered an order restraining the defendants from maintaining such picket lines, pending the appeal. This order required the plaintiff to deposit $12,000 in court to cover any damage suffered by the defendants in the event the order appealed from is affirmed, and that amount was so deposited.

The defendants have moved to dismiss this appeal on the ground that the appeal is moot because the building project has been entirely completed since this appeal was taken; and that no material issue remains to be decided. The motion is supported by the affidavit of one Byrd, who is secretary of the Orange County Building and Construction Trades Council, one of the five union organizations named as defendants. This affidavit states that this building operation has been fully completed; that no member of any of the unions affiliated with the Building and Construction Trades Council is now at work on said project or on any building for which permits had been granted prior to October 11, 1951; that completion notices have been filed referring to a considerable portion of said work, and the houses in that project have been offered for sale; and that there is no longer any dispute between the Building and Construction Trades Council and its affiliated unions and the plaintiff over the right to picket said project.