Los Feliz Investment Co. v. Superior Court

In this proceeding in prohibition it appears that after the hearing on the retrial of the ease of Franklin R. Kenney, Plaintiff, v. Los Feliz Investment Company, a Corporation et al., Defendants (No. 316426 in the files of the superior court), the trial court announced that the issues in said cause would be determined in accordance with the contentions of the plaintiff therein and that the judgment would contain an order enjoining the defendants therein from declaring a default and foreclosing the trust deed. Whereupon counsel for the defendant Los Feliz Investment Company stated that his client intended to perfect an appeal *646 from such a judgment. In contemplation of the appeal and for the benefit of the company the court incorporated in the judgment thereafter entered a provision that the injunctive order against default and foreclosure would continue to be operative pending the appeal only on condition that the plaintiff therein deposit into court each month the difference between fifty per cent of the royalty proceeds received by the company and the amount claimed by the company to be due each month, and that if such deposits be not made the injunction would be stayed…