Legg v. Teneycke

FOURT, J. These appeals are from the judgments on the verdicts in favor of the defendants and against the plaintiff.

Plaintiff brought two actions, the first numbered 596228, and the second numbered 597392. In the first ease, in the third amended complaint, the plaintiff sued for general and special damages in the sum of $25,900, alleging, among other things, that the defendants were the landlords of an apartment house; that she was a tenant therein; that the defendant Charles Teneycke had broken into her apartment, attacked her and attempted to rape her, all on February 27, 1951) March 9, 1951, and March 13, 1951.

In the second case, in the second amended complaint (erroneously designated the third amended complaint) the plaintiff sued for damages, general and special, in the sum of $26,050, alleging generally the same sort of matters as are set forth in the first case, and setting forth that the various episodes complained of occurred on March 27,1951, and March 28, 1951.

Upon the plaintiff’s motion, the cases were consolidated for trial, and upon her motion this court granted leave to file combined briefs to the end that the causes could be disposed of in a single appeal.

In each of plaintiff’s notices of appeal, it is set forth that she appeals from (1) “ 1 Order of Procedure of Legal Process’ rendered and entered in the above entitled court and cause”; (2) “that certain ‘Judgment’ herein rendered and entered in the above entitled court and cause on or about July 7th., and 8the. 1955”; (3) “that certain ‘Proceedings had in the Superior Court’,” and (4) “certain ‘Order denying plaintiff’s motion for a New Trial’, made and entered in the minutes of said court, on or about August 5, 1955.”

The plaintiff has submitted briefs in this matter which are extremely ambiguous and difficult to decipher or understand; they are not in conformity with the Rules on Appeal, excepting as to the size of the paper used, and are for the most part completely lacking in sense and reason. We have, however, carefully reviewed all of the record and have seen fit to disregard the defects, and have considered the briefs as if they were properly prepared.

The facts of the cases are substantially as follows: The defendants were the operators of an apartment house at 912 South Figueroa Street in Los Angeles. The plaintiff rented a single unit apartment under a month-to-month tenancy. In about March, 1951, Charles Teneycke brought an action [586]