Wind

Wind v. Herbert

Caution
186 Cal. App. 2d 276·1960 Cal. App. LEXIS 1627·8 Cal. Rptr. 817
Court of Appeal of CaliforniaNovember 10, 1960Civ. 24569California3,064 words

Opinion

Opinion

Fox, J.

This is an appeal by appellants from an order granting a preliminary injunction ancillary to an accounting, declaratory relief, and dissolution of a limited partnership. The action grows out of the financial operations of a card club in the city of Gardena known as The Gardena Club.

The plaintiffs, Wind, Klein and Campbell, are limited partners; the defendants, Bow Herbert and his wife Nancy, are general partners. Mr. Herbert is also a limited partner and general manager of the club.

The preliminary injunction enjoins the Herberts from doing any of the following acts:

The verified complaint and affidavits filed in support of plaintiffs’ application for a preliminary injunction established, among others, the following facts: That in October, 1952, the city of Gardena issued to defendant Bow Herbert a license to operate a card club. This license, which is in full force and effect, is held in trust by him for the benefit of all the individuals here involved. Upon the issuance of the said license, plaintiffs and defendants initially formed a partnership known as The Western Properties Company which, together with Mr. Herbert individually, operated a card club known as The Gardena…

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