North Hollywood Mortgage Co. v. North American Bond & Mortgage Co.

This is an appeal by plaintiff from a judgment of dismissal of its suit entered by the Superior Court for the County of Los Angeles on motion of the defendants on the grounds (a) that contentions of the plaintiff have already been adjudged adversely to it in an action in said court numbered 279048, wherein plaintiff herein was plaintiff, and defendants were said Henshey, Tatem et al., defendants herein, reference to further particulars being made to the judgment-roll which is made part of the motion; (b) that the present action is frivolous; (c) that it is an imposition on the court; (d) that it is baseless; (e) that plaintiff shows no right to enforce any right or rights by the present action; (f) that it is vexatious; (g) that it is barred by laches and the statute of limitations; (h) that the court has inherent power independent of statute to dismiss it.

Said motion was also made “on what counsel has stated at the time said motion was made” (Reporter’s Transcript, p. 39) and was based upon all the files and records in the action, including the notice of motion and judgment-roll in the action adverted to. Since it appears that the judgment of the trial court in dismissing said…