Butte v. Distillery, Rectifying and Wine Workers

Full title: FELIX BUTTE, JR., et al., Appellants, v. DISTILLERY, RECTIFYING AND WINE…

Court: Supreme Court of California

Date published: Feb 5, 1948

31 Cal.2d 867 (Cal. 1948)

189 P.2d 9

Opinion

Docket No. S.F. 17355.

February 5, 1948.

APPEAL from a judgment of the Superior Court of Fresno County. Ernest Klette, Judge. Affirmed.

Dearing, Jertberg Avery and Kenneth C. Avery for Appellants.

Robert M. Barnard and Clarence E. Todd for Respondents.

CARTER, J.

In this action plaintiffs' prayer for injunctive relief is based upon the Hot Cargo Act (Lab. Code, §§ 1131-1136), and hence is controlled by the decision in In re Blaney, 30 Cal.2d 643 [ 184 P.2d 892]. Here a judgment of dismissal was entered after a demurrer was sustained. On the authority of the Blaney case, the judgment is affirmed.

Gibson, C.J., Edmonds, J., Traynor, J., Schauer, J., and Spence, J., concurred.

SHENK, J.

I dissent for the reasons stated in my dissenting opinion in In re Blaney, 30 Cal.2d 643, at page 661 [ 184 P.2d 892].