Arbogast

Arbogast v. Richardson

Good Law
119 Cal. App. 316·1931 Cal. App. LEXIS 66·6 P.2d 98
Court of Appeal of CaliforniaDecember 19, 1931Docket No. 4473.California1,727 words

Opinion

Lead Opinion

Plummer, J.

The plaintiffs instituted this action for the purpose of obtaining an order restraining the defendant from proceeding with the levy of execution or such other process for the • enforcement of a judgment entered in the office of the clerk of the Superior Court of Los Angeles County, based upon an award of the Industrial Accident Commission, said judgment being entered in the office of the clerk of said court pursuant to subdivision A of section 21, of the Workmen’s Compensation Insurance and Safety Act (Stats. 1917, p. 851). The defendant’s demurrer to the plaintiff’s first amended complaint was sustained without leave to amend, and from the judgment of dismissal entered thereafter the plaintiffs appeal.

The complaint sets forth the proceedings had before the Industrial Accident Commission, and also certain court proceedings had in the county of Los Angeles based thereon. It appears from the complaint that the respondent, P. R. Richardson, suffered a severe injury some time during the year 1923, and thereafter filed a petition with the Industrial Accident Commission for compensation under the Workmen’s Insurance and Safety Act. A hearing was had thereon, and an award entered in…

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