Valenzuela

This action was commenced on April 6, 1950, by a complaint for treble damages, restitution and injunction. Valenzuela, one of the defendants, is a soldier in the armed forces of the United States, and heretofore the court granted a stay of trial in behalf of the defendant Valenzuela and continuance of the trial in behalf of his co-defendants, but denied a motion to dismiss.

The present motion to dismiss was filed after the City Council of Los Angeles ordered decontrol of rents in Los Angeles, and after the Housing Expediter, on December 20, 1950, issued his certificate for decontrol in the city of Los Angeles.

The defendant, Valenzuela, through his attorney, raises various constitutional questions, most- of them heretofore 'passed upon by courts adversely to the defendant. He states', “That defendant, Gus-P. Valenzuela, unless recently expired, is still fighting for ¡plaintiff in its armed -forces in Korea to protect -the- Constitution and the Government of the United States, whose Housing Expediter is prosecuting this unconstitutional action against him; that while defendant, Valenzuela is seeking to,,defend his Constitution and the Government from its foreign enemies, his…