Dispoto

California Table Grape Commission v. Dispoto

Good Law
14 Cal. App. 3d 314·92 Cal. Rptr. 268
Court of Appeal of CaliforniaJanuary 13, 1971Civ. 1408California638 words

Opinion

Opinion

Stone, J.

Respondent, California Table Grape Commission, obtained a judgment against appellant for a total sum of $11,256.17, found to be due as assessments on table grapes shipped by him pursuant to an assessment order issued by respondent. Appellant appealed from the judgment and posted an appeal bond for the amount found to be due and owing. However, the judgment also provided: “It Is Further Hereby Ordered, Adjudged and Decreed that defendant Bruno Dispoto, dba Bruno Dispoto Company, his agents, employees, assistants, representatives, officers, or any other person or persons acting under his orders or in concert with him are hereby enjoined from the further shipping of California table grapes until that portion of this judgment which is for money has been paid in full.”

Respondent contends the order enjoining appellant from shipping California table grapes until the judgment is paid in full is not stayed pending appeal, even though a bond has been posted for the amount of the money judgment. Respondent sought enforcement of the order, and appellant petitioned this court for a writ of supersedeas to suspend the operation of the injunction pending outcome of the…

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