Levinson

I concur in the judgment. This is an appeal from a judgment against the defendant M. Levinson in an action to establish an involuntary trust in the defendant Levinson, and to recover from him profits fraudulently obtained by him in connection with a sale by the trustee in bankruptcy of certain assets of a bankrupt estate.

On the second day of April, 1922, and thereafter, appellant was the owner of certain adjoining premises known as 6409 Hollywood Boulevard, city of Los Angeles, hereinafter referred to as “the coffee shop,” and 6413 Hollywood Boulevard, hereinafter referred to as “the cafe.” On April 2d appellant leased the cafe to Levy and Ziddell at a rental of $450 per month, and on August 9, 1923, leased the coffee shop to Levy’s, Inc., at $350 per month. The term of each lease was to expire on the thirty-first day of May, 1932. The first lease was afterward transferred to Levy’s, Inc. On January 25, 1924, Levy’s, Inc., was adjudged bankrupt by the district court of the United States for the southern district of California. The leased property, including certain personal property therein contained, was taken into possession by the trustee in bankruptcy. Thereafter the lessor,…

Appellant objects strenuously to the judgment on the ground that the respondents are attempting to secure a judgment from a state court in a matter, which, they contend, has been fully passed upon by a United States court.

An examination of the transcript does not bear out this objection.

This action, as we view it, is an action for an accounting for moneys received by the defendant Levinson as profits accruing from the purchase and sale of certain assets, the sale being one held unde, the jurisdiction of the United States court in a bankruptcy proceeding. The respondents also ask for a judgment decreeing that such profits were held by defendant Levinson in trust for the use and benefit of the bankrupt estate, and therefore incidentally for the plaintiffs in this case and other -creditors thereof.

The trial court in its findings found that the Los Angeles Creamery Company, Kahn-Beck Co., Leo Levy, O. L. Bishop, Chas. Winkelman, Joseph Weinblatt, Ray Levy, and M. Reingold were unsecured creditors of the bankrupt estate, and found the respective amounts due to each creditor. The trial court further found that ten per cent only of their claims had been paid and that each and all…