KING v. MORTIMER (1950)

District Court of Appeal, First District, Division 1, California.

Wesley KING, Plaintiff and Appellant, v. Frank C. MORTIMER, as Building and Loan Commissioner of the State of California, and Pacific States Savings & Loan Company (a corporation), Defendants and Respondents.

No. 14228.

Decided: November 22, 1950

Morse Erskine, Alden Ames, Erskine, Erskine & Tulley, Erskine, Pillsbury & Tulley, San Francisco, for appellant. Sullivan, Roche, Johnson & Farraher, San Francisco, for respondents.

This is a companion case to King v. Mortimer, No. 14229, this day decided by this court. Cal.App., 224 P.2d 733. It is an appeal from a judgment dismissing another complaint of plaintiff after the sustaining of the demurrer without leave to amend. The amended complaint and the demurrer in this action are identical with those in action No. 14229, except that the complaint in that action alleges that the claims filed with the Building and Loan Commissioner were rejected by him by schedules filed in the Superior Court; while here, the complaint alleges that the claims were rejected by the commissioner by a certain letter. The questions raised on appeal are identical.

On the authority of the decision in action No. 14229, the judgment is affirmed as to counts 1 and 2, and reversed as to counts, 3, 4, 5, 6 and 7.

BRAY, Justice.

PETERS, P. J., and FRED B. WOOD, J., concur.

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