Stephenson

Redwood Thrift of California v. Stephenson

Good Law
175 Cal. App. 2d 281·345 P.2d 979
Court of Appeal of CaliforniaNovember 16, 1959Civ. No. 18402California895 words

Opinion

Lead Opinion

Draper, J.

Appellant is an industrial loan corporation. Respondent Commissioner of Corporations, on January 9,1958, ordered appellant to make good an impairment of capital, to comply with the law limiting individual loans, and to discontinue unsafe and injurious practices. (Fin. Code, §§ 18814, 18815.) Appellant was ordered to show cause why such orders should not be made final. (Fin. Code, § 18816.) Following administrative hearing, and upon recommendation of the hearing officer, a final order was issued by the commissioner. Upon appellant’s petition, the superior court issued alternative writ of mandate and enjoined the commissioner from carrying out his order and from interfering with appellant’s business pending determination of the mandamus proceeding. After *283 hearing and upon the record of the administrative proceeding, the trial court denied peremptory writ, discharged the alternative writ, and dismissed its stay order This appeal follows.

Appellant’s principal contention is that the evidence does not support the finding of the hearing officer and of the trial court that appellant’s capital was impaired. It is conceded that in determining what are "reasonable reserves” (Fin. Code,…

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