Winstanley

Winstanley v. Robinson

Good Law
1956 Cal. LEXIS 160·46 Cal. 2d 121·292 P.2d 881·56 A.L.R. 2d 1175
Supreme Court of CaliforniaFebruary 7, 1956L. A. Nos. 23412-23446, 23573-23620California3,082 words

Opinion

lead Opinion

Spence, J.

The public administrator of the county of Los Angeles appeals from judgments entered in 83 eases sustaining the objections of respondent Robinson to the public administrator’s final account in each decedent’s estate and ordering him to pay Robinson a specified sum from the funds of the estate. There were two consolidated trials, one covering 35 estates and the other 48 estates. The 83 appeals have been submitted on one set of briefs. Identical questions are involved in these cases, and the 83 appeals may be decided in one opinion.

The main dispute concerns the validity of respondent’s *125 employment. Appellant contends that since respondent was not hired pursuant to civil service regulations, his employment was illegal and he cannot recover for his services. On the other hand, respondent contends that civil service requirements had no application to his employment, that the contract of hiring in each estate was legally made, and he should be paid in accordance therewith. We have concluded that respondent’s contentions must be sustained, and it is therefore unnecessary to consider respondent’s alternative claim to a right of recovery upon quantum, meruit. (Cf. Estate of Schnell,…

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