E. J. Carroll Co. v. Insurance Commissioner

This appeal, submitted on a clerk’s transcript and appellants’ opening brief, presents moot questions and hence will be dismissed.

Plaintiff, having been denied an insurance broker’s renewal license for the period from July 1, 1932, to July 1, 1933, commenced this action against the State Insurance Commissioner and his deputy, to obtain relief under section 633a22 of the Political Code. The prayer of the complaint was for judgment ordering issuance of said license to plaintiff for said period; also for an order to show cause and, upon hearing thereof, for an interlocutory order providing for issuance to plaintiff of a license pendente lite, until final determination of the issues involved, and for general relief.

The court granted the order to show cause. On the return day defendants appeared and filed a general demurrer to the complaint, which was subsequently overruled; also an affidavit reciting in detail the reasons for refusal of the renewal license, to wit: that plaintiff was not properly qualified to act as an insurance broker; that it had violated the so-called anti-rebate law (sec. 633b, Pol. Code) and had attempted to place business with a company not authorized to do…