Worden

Worden v. United California Bank

Good Law
1968 Cal. App. LEXIS 2334·262 Cal. App. 2d 468·68 Cal. Rptr. 808
Court of Appeal of CaliforniaMay 24, 1968Civ. No. 31234California955 words

Opinion

Lead Opinion

Bishop, J.

This action began life in the Los Angeles Municipal Court with its prayer for a declaratory judgment to the effect that the rights of the defendant in dividends paid to it out of an estate in bankruptcy are subordinate to the rights of the plaintiffs and should be held by the *469 defendant in trust for them. In its answer the defendant challenged the jurisdiction of the municipal court to entertain an action for declaratory relief, under section 1060, Code of Civil Procedure, and the action was transferred to the superior court.

There was no evidence taken. An agreed statement of facts was filed April 5, 1966, and an exchange of briefs arranged. These are in the original file, which is in our hands. Upon the submission of the matter the trial judge ordered findings in favor of a judgment that would give plaintiffs nothing. Such a judgment was entered and plaintiffs appealed. We are affirming the judgment.

There can be no dispute as to the facts, with such a record, and there is none. The plaintiffs were conducting, a business under the name of Ajax Wire Co., when, in 1957, they sold out to Ajax Wire Corporation, through an escrow conducted by the defendant bank. Plaintiffs…

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.