Kilkeary

The plaintiff, k M-aine corporation, has filed in this Court a complaint “for relief against multiplicity of actions, for declaratory relief, for an injunction, and for other appropriate relief”.

In its opening memorandum, the plaintiff describes its complaint as being “in equity in the nature of a bill of peace”, seeking “to avoid a multiplicity of hundreds of legal actions by determining in one equity suit the liability asserted in all claims against Yuba (plaintiff) for damages resulting from floods on theYuba River in November and December, 1950”. The complaint itself, however, raises the dire ante of potential suits to “thousands”.

The original complaint, filed on June 19, 1951, specifically named 23 defendants and also included 500 unnamed or “ABC” corporations and 2,000 John Doe defendants. On July 5, 1951, the complaint was amended so as to name 96 of the John Does and so as to increase the number and the total money-amount of the actions alleged to have been brought in the Superior Court of Yuba County, California, against the plaintiff from five to six and from $524,250 to $853,-964.98, respectively.

Except as thus amended, the material allegations of the complaint…