Hill-Tellman
Hill-Tellman v. Musicians' Union
Opinion
Lead Opinion
Langdon, J.
This is an appeal by the plaintiff from a judgment against her after a demurrer had been sustained to her petition for a writ of review, without leave to amend. Plaintiff sought to have a writ of review issue from the superior court of the state of California, in and for the city and county of San Francisco, directed to the defendants, Musicians’ Union of San Francisco, an unincorporated volunteer association, and certain of its officers, for the purpose of inquiring into the action of defendants in imposing a fine upon plaintiff. She alleged that the fine was imposed after her resignation from the Musicians’ Union, but does not seek reinstatement therein nor claim to be a member of such Union. She prayed that the judgment and penalty imposed upon her by said defendants be vacated and annulled.
Defendant demurred and moved to quash the alternative writ issued at the time of the filing of the petition. The demurrer was sustained and the motion granted and judgment for costs entered in favor of the defendants.
The action of the trial court was based upon the ground that writs of review issue only to governmental bodies and not to voluntary unincorporated associations such as the…