Brooks

Division of Labor Law Enforcement v. Brooks

Good Law
1964 Cal. App. LEXIS 1321·226 Cal. App. 2d 631·38 Cal. Rptr. 284
Court of Appeal of CaliforniaApril 24, 1964Civ. No. 21018California714 words

Opinion

Lead Opinion

Draper, J.

A lumber mill agreed to pay Harve> Senter for logs delivered to it by him. Senter assigned to *632 Brooks and others amounts due and to become due under this contract. The assignments, and other claims, exceeded the sum due to Senter, and the mill filed this interpleader action, paid into court the amount due, and was discharged. Division of Labor Law Enforcement asserted the rights of four wage claimants, and Senter’s four assignees pleaded their claims. The parties stipulated to the facts and submitted the case for decision “upon the pleadings ... and upon the facts” so stipulated. The trial court found that the assignments “are not invalid,” and awarded the entire fund to Brooks and the other assignees. Division requested, but was denied, a finding as to the recording of notice of the assignments from Senter. Division appeals, asserting that the judgment must be reversed for insufficiency of the findings to support it.

The agreed statement here is of ultimate, and not evidentiary facts. It follows that the statement itself constitutes the findings, and formal findings are not required (2 Witkin, Cal. Procedure, 1835). Thus the real issue is whether the agreed statement of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.