Pierno
Escrow Institute of Cal. v. Pierno
Opinion
Opinion
Ford, J.
The plaintiffs have appealed from a declaratory judgment as to the constitutionality of the Escrow Law (Fin. Code, § 17000 et seq.) and the regulations issued pursuant thereto (10 Cal. Admin. Code, § § 1700-1753). The judgment, which was entered pursuant to the granting of the motion of the Commissioner of Corporations for judgment on the pleadings, contains the following declaration: “That the Escrow Law of California and its regulations in their entirety are constitutional and that, in particular, the exemptions specified by section 17006 of the Financial Code are constitutional.”
The plaintiffs are Escrow Institute of California, “a nonprofit corporation trade association,” and a number of its members, each of the members being a California corporation doing business as an “independent Escrow Agent Licensee within the meaning of the Escrow Law.”
In the first amended complaint it is alleged: “An actual controversy has arisen and now exists between the plaintiffs and the defendants [the defendants being designated as the Commissioner of Corporations and the Department of Corporations] relating to their respective rights and duties in that plaintiffs contend that the…