William Alfred Lucking v. Ojal Mutual Water Company, a Corporation, and the Ojai Valley Company, a Corporation

This is an appeal from the dismissal of two complaints brought by Lucking against Ojai Mutual Water Company and The Ojai Valley Company.

The allegations of the first alleged cause of action in the first complaint are summarized by the following:

Defendant Ojai Mutual Water Company is a California corporation, incorporated in 1920 for the purpose of owning water and water rights in Ojai and vicinity and to deliver water to its stockholders only, for their exclusive use upon lands owned by them within certain District boundaries.

Defendant Ojai Valley Company is an Ohio corporation doing business in California of selling lands which it owns within the Ojai Valley. The Valley Company, it is averred on information and belief, was wholly owned by Edward D. Libbey and his immediate family until his death and now is wholly owned by the trustees of his estate.

Appellant, a citizen of the state of Michigan, purchased a total of 70.13 acres of land in the Ojai Valley from Florence Scott Libbey, and by reason of the purchase acquired 151 shares of stock in the defendant Ojai Mutual Water Company. Only those purchasing stock from the so-called Libbey interests are entitled to shares of…