Huntington Palisades Property Owners Corporation, Limited v. Metropolitan Finance Corporation of California

On the face of the record there are two judgments here, arising out of one case heretofore tried in the United States district court. Jurisdiction was obtained through diversity of citizenship of the parties. The plaintiff, Metropolitan Finance Corporation of California, filed an action for declaratory relief against defendant, Huntington Palisades Property Owners Corporation, Ltd., because of a dispute between tlie two as to the effectiveness of certain deed restrictions, conditions and reservations. The defendant responded by answer and also filed a pleading designated a cross-complaint in which the pleader prayed for declaratory relief regarding the same subject matter. There is common agreement that a substantial controversy exists between the parties.

Plaintiff moved to dismiss defendant’s so-called cross-complaint on the ground that it failed to state a claim upon which relief could be granted, which motion the court sustained and thereupon entered a judgment of dismissal of the so-called' cross-complaint, and defendant thereafter filed a notice of appeal. Without awaiting further action upon the attempted appeal the district court rendered a summary judgment upon the…