City of Glendale v. Roseglen Construction, Inc.

*779 Opinion

George Gardner, defendant and cross-complainant, has appealed from a judgment awarding a $17,928.12 fund to defendant Roseglen Construction, Inc., (“Roseglen”). We affirm.

7. The Procedural Background

The City of Glendale initiated the proceedings in this case with a complaint in interpleader requesting the court to determine the ownership of a fund it received in 1954 from Los Angeles County. Glendale disclaimed any interest in the money. George Gardner, sued as trustee in bankruptcy of the estate of Flintridge Heights, Inc., bankrupt, and Roseglen 1 were named, among others, as defendants in the action. Each filed a cross-complaint claiming title to the fund.

77. The Facts

In 1949 Flintridge Heights, Inc., (“Flintridge”) owned certain real property in an unincorporated area of Los Angeles County. Desiring to subdivide the property Flintridge submitted a subdivision map for approval by the regional planning commission of the county. (Bus. & Prof. Code, § 11610.) The county approved the tract, accepted the dedication of the streets shown on the map, contracted with Flintridge for street improvements, and required a cash deposit in lieu of security to insure…