Patrick J. Corcoran v. Mayor Samuel W. Yorty

This appeal has been taken from a district court order dismissing appellant’s complaint on four separate grounds, namely:

Each of the grounds urged by the district court as justification for its dismissal is supported by the record before us.

Mr. Corcor.an’s quest for relief from the City of Los Angeles and its officers and employees has now extended over the period of a full decade. In 1954, Corcoran filed an action in the Superior Court of the State of California to annul certain Civil Service Commission pro ceedings which had removed him from his position as a steam engineer with the City of Los Angeles. From then until September of 1957, Corcoran plagued the state courts with attempts to perfect his right to relief. In each instance the courts gave appellant leave to correct his procedural defects, and in each instance the courts ultimately dismissed appellant’s claim.

In January of 1956, Corcoran filed a second action, this time for damages in the amount of $719,500. The history of this litigation, similar to that described above, reveals the great burden placed on the state courts by appellant’s series of complaints and petitions. This action was finally terminated…