Seccombe

People v. Seccombe

Good Law
103 Cal. App. 306·1930 Cal. App. LEXIS 858·284 P. 725
Court of Appeal of CaliforniaJanuary 21, 1930Docket No. 6273.California2,753 words

Opinion

Lead Opinion

Burnell, J.

This is an appeal from a judgment of dismissal following an order sustaining a demurrer to the complaint without leave to amend.

The purpose of the action was to obtain an injunction restraining the defendant from continuing to pursue the occupation of usurer. The complaint contains the following allegations: That the city attorney and city prosecutor of the city of Los Angeles bring the action as such on behalf of the People of the state of California; that the defendant has on two separate occasions been convicted of the misdemeanor of “demanding and receiving usury”; “that many other complaints have been made to plaintiff:” charging the defendant with violation of the Usury Law (Stats. 1919, p. lxxxiii), and that “plaintiff has filed and prepared to file many criminal complaints” against defendant charging him with violations of the same law; that defendant conducts a money .loaning business and has violated and intends to continue to violate the Usury Law as a continuous course of conduct; that “many thousands” of the population of Los Angeles, which exceeds a million persons (latest estimates of the Chamber of Commerce are over a million and a half), borrow money and do…

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