TROMPETER CO v. SUPERIOR COURT IN AND FOR LOS ANGELES COUNTY (1935)

District Court of Appeal, Second District, Division 2, California.

O. V. TROMPETER & CO. v. SUPERIOR COURT IN AND FOR LOS ANGELES COUNTY et al.

Civ. 10036.

Decided: March 02, 1935

John F. Bender and Robert E. Rosskopf, both of Los Angeles, for petitioner. Everett W. Mattoon, J. F. Moroney, and Harold W. Kennedy, all of Los Angeles, for respondents. Ray L. Chesebro, F. von Schrader, and William H. Neal, all of Los Angeles, amici curiæ for respondents.

Petitioner brought suit in respondent court to foreclose a special assessment bond. The case was tried and the trial court decided in favor of petitioner, but declined to sign the judgment because a moratorium law (Assembly Bill No. 13, Extra Session of Legislature, 1934, c. 5) had in the meantime become effective and would remain effective until February 28, 1935. Petitioner requests this court to direct the trial court to render judgment, contending that the moratorium act is unconstitutional.

Such moratorium law has been superseded by another and different moratorium act (Assembly Bill No. 75, Session of Legislature, 1935, approved and effective February 1, 1935). Further proceedings herein would be futile.

The petition is denied.

STEPHENS, Presiding Justice.

We concur: CRAIL, J.; SCOTT, Justice pro tem.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network