DODGE v. SUPERIOR COURT IN AND FOR LOS ANGELES COUNTY (1934)

Petition for rehearing denied. The opinion heretofore filed herein is amended by adding to paragraph 7 thereof, following the citation of the cases of McCormick v. Gross and Baker v. Eilers Music Co., the following: It is to be noticed that the notice of sale of said stock was dated November 15, 1932, and the date of the sale was to be January 16, 1933. The Washington suit restraining such sale was filed January 13, 1933, and necessarily the sale was postponed, taking place May 26, 1933, after the temporary restraining order was dissolved. If anything occurred after January 13, 1933, affecting the validity of said sale, it would in no way be affected by the adjudication in the Washington case, but, as to matters urged in said Washington suit as affecting the validity of said sale, it would, in our opinion, be a bar; and, while under plaintiff's complaint herein such subsequent issues, if any, would not be barred, nor would any real issue between petitioner and Scripps Newspapers, Inc., not necessarily involved in the Washington case, still in our opinion it was well within the discretion of the trial court to stay the trial until such case is finally determined.

PER CURIAM.