Brabant

Brabant v. City of South Gate

Good Law
136 Cal. Rptr. 150·1977 Cal. App. LEXIS 1173·66 Cal. App. 3d 764
Court of Appeal of CaliforniaJanuary 19, 1977Civ. 48282California1,493 words

Opinion

Opinion

Wood, J.

This is an action for declaratory and injunctive relief. A summary judgment declared that an ordinance of defendant city and a section of the municipal code of the city, which require payment of a license tax by a real estate broker and a real estate broker-salesman, were void as against plaintiff Davis Brabant (a real estate broker) and plaintiff Robert L. Brabant (a real estate broker-salesman).

Plaintiffs filed a joint declaration in support of their motion for summary judgment. Some of the facts appear in admissions in the pleadings. (There was no declaration on behalf of the defendant city in opposition to the motion.)

Plaintiff Davis Brabant (now deceased) was a real estate broker; and plaintiff Robert L. Brabant is and was a real estate broker-salesman — they were licensed by the state. The only office for transaction of that real estate business was and is at 7300 State Street in the City of Huntington Park. In the course of their business they would sell, offer to sell, solicit listings, and negotiate the purchase, sale and exchange of real property. Most of the properties are located within the City of Huntington Park. Some of the properties are located in…

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