Union Bank v. County of Los Angeles

This is an appeal by plaintiff Union Bank (hereinafter referred to as “Union”) from a judgment of dismissal entered after the trial court sustained a demurrer without leave to amend on the sole ground that Union did not have capacity to sue. Defendants’ demurrer insofar as it related to Union’s coplaintiff Hancock Acceptance Corp. (hereinafter referred to as “Hancock”), was overruled and Hancock is not a party to the within appeal.

The chronology of significant events is as follows: On May 28, 1962, plaintiffs filed a complaint in three counts seeking an injunction and declaratory relief. Union and Hancock were eoplaintiffs in the first and third counts. It was therein alleged in substance as follows: On or about August 2, 1960, Continental Electronics Corporation of California (hereinafter referred to as “Electronics”) duly made, executed and delivered to Union a chattel mortgage on certain office furniture, shop machinery and equipment, and other personal property, to secure the payment of an indebtedness to Union evidenced by a promissory note in the principal sum of $54,999.84. The chattel mortgage was subsequently recorded. Thereafter, Continental Industrial Electronics…