Tiffany Productions, Inc. v. Superior Court

Good Law
123 Cal. App. 50·1932 Cal. App. LEXIS 885·10 P.2d 798
Court of Appeal of CaliforniaApril 25, 1932Docket No. 8203.California515 words

Opinion

Lead Opinion

Conrey, J.

In the respondent Superior Court there was pending an action between James Cruz Productions, Inc., Ltd., plaintiff, and Tiffany Productions, Inc., and Tiffany Productions of California, Inc., Ltd., defendants. The complaint prayed for certain relief to which the plaintiff claimed to be entitled, arising out of a contract between the plaintiff and the defendants. The contract contained an agreement for arbitration in the event of a disagreement between the-parties as to the rights, duties or obligations of either party thereto. In their answers to the complaint and as a defense thereto, the defendants pleaded the existence of said agreement of arbitration. The defendants also filed a cross-complaint for the recovery of certain moneys which they alleged constituted an overpayment made by them to the plaintiff in the course of the transactions which arose out of said contract. On filing their cross-complaint the defendants and cross-complainants caused to be levied an attachment against property of the plaintiff.

While the action was in the condition hereinabove stated, the plaintiff gave notices of two motions to be made by it in said action, one being a motion for a stay of…

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