CLINTON v. INTERNATIONAL ORGANIZATION OF MASTERS MATES AND PILOTS 90

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District Court of Appeal, Second District, Division 4, California.

Richard H. CLINTON, Plaintiff and Appellant, v. INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, an Unincorporated Association, their Agents, West Coast Local #90, Wilmington Branch and Captain Robert E. Durkin, Defendants and Respondents.

Civ. 26330.

Decided: February 14, 1963

Richard H. Clinton, plaintiff and appellant, in pro. per. Bodle & Fogel, George E. Bodle, Daniel Fogel and Lawrence Drasin, Los Angeles, for defendants and respondents.

This is an appeal from the order made November 1, 1961, ‘Denying Plaintiff's Motion for Reconsidering the Court's Order of Dismissal of the Petition and Complaint.’ The order dismissing the action was made October 20, 1961, in response to a motion of defendants International Organization of Masters, Mates and Pilots, West Coast Local No. 90 and Robert E. Durkin. The ground of the motion for reconsideration was judicial error—the dismissal had eliminated indispensible parties—; no fact not available upon the hearing of the motion to dismiss was presented. The order denying the motion to reconsider, under such circumstances, is not an appealable order. (Hunt v. United Artists Studio, 79 Cal.App.2d 619, 626, 180 P.2d 460.)

The appeal is dismissed.

BURKE, Presiding Justice.

JEFFERSON, J., and BISHOP, J. pro tem.,* concur.