ALLEN v. CALIFORNIA WATER TELEPHONE CO (1945)

District Court of Appeal, Fourth District, California.

ALLEN et al. v. CALIFORNIA WATER & TELEPHONE CO.*

Civ. 3337.

Decided: April 06, 1945

Philip Storer Thacher, of San Diego, and Bacigalupi, Elkus & Salinger, of San Francisco, for appellant. Phil D. Swing and Charles C. Crouch, both of San Diego, for respondents other than San Diego. J. F. DuPaul, City Atty., and Shelley J. Higgins, Sp. Atty., for City of San Diego, both of San Diego, for respondent City of San Diego.

This is an appeal from an order made after the entry of a judgment dated December 1, 1942, which order denied a motion to modify the judgment by striking therefrom the paragraphs under which defendant was restrained from pumping water from the underground basin of the Tia Juana River in the United States, and also to modify the judgment so that the trial court would retain jurisdiction with the right to modify the judgment at any time before it becomes final.

By an opinion filed this day, Cal.App., 157 P.2d 663, we have decided the appeal from the judgment. That opinion contains a full statement of facts which need not be repeated here.

The portion of the judgment restraining the defendant's pumping operations was properly presented and has been decided on the appeal from the judgment, and we have modified the judgment so that the trial court will retain jurisdiction over the case. All issues presented here have been decided in the appeal from the judgment so they have become moot and need not be decided again.

The appeal from the order is dismissed.

MARKS, Justice.

BARNARD, P. J., and GRIFFIN, J., concur.

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