Erickson v. Boothe

Decision Date12 April 1950
Citation35 Cal.2d 108,216 P.2d 454
CourtCalifornia Supreme Court
PartiesERICKSON v. BOOTHE. Sac. 5905.

LaFayette J. Smallpage, Harold J. Willis, Stockton, T. B. Scott, Modesto, and Val G. Preston, Merced, for appellant.

Taylor & Taylor, Edward T. Taylor and Edward T. Taylor, Jr., Modesto, for respondent.

GIBSON, Chief Judge.

This action, for declaratory relief, was brought to determine whether defendant lessee had effectively exercised an option to 're-lease' certain real property under the terms of a lease contract. A judgment in favor of plaintiff was reversed on appeal without direction. Erickson v. Boothe, 79 Cal.App.2d 266, 179 P.2d 611. Plaintiff thereafter filed a dismissal, and defendant, who had also sought declaratory relief, moved the trial court for judgment in accordance with the decision on appeal. The trial court set aside the dismissal and entered judgment declaring that defendant had effectively exercised the option and was entitled to be restored to the possession of the property, and concluded that defendant was entitled to an accounting of the rents, issues and profits taken by plaintiff who obtained possession of the premises at the close of the original trial.

Plaintiff has appealed from this judgment, urging several grounds for its reversal. We are of the opinion, however, that the appeal must be dismissed because the judgment is not appealable. It provides that defendant 'is entitled forthwith to an accounting by plaintiff for the rents, issues and profits of said premises while plaintiff was in possession thereof,' and 'that unless said parties are able to agree on said accounting and unless payment thereof is made by plaintiff to defendant' by specified dates defendant, if he so elects, may 'proceed in this action to recover said rents, issues and profits thereof. * * *.' It is manifest that the judgment is merely interlocutory and was so intended because the court contemplated that further judicial proceedings would be necessary in this action before there would be a final adjudication of the matter. An appeal does not lie from such a judgment. Lacey v. Bertone, 33 Cal.2d 649, 653, 203 P.2d 755.

The appeal is dismissed.

SHENK, EDMONDS, CARTER TRAYNOR, SCHAUER, and SPENCE, JJ., concur.

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4 cases
  • Los Angeles County Pioneer Soc., In re
    • United States
    • California Supreme Court
    • May 5, 1953
    ...rights, duties, and liabilities of Pioneer, the May 19th judgment was not final as to Poineer and was not appealable. Erickson v. Boothe, 35 Cal.2d 108, 109, 216 P.2d 454; Lacey v. Bertone, 33 Cal.2d 649, 653, 203 P.2d 755; Lyon v. Goss, supra, 19 Cal.2d 659, 671, 123 P.2d 11; see cases col......
  • Providence Baptist Church of San Francisco v. Superior Court in and for City and County of San Francisco
    • United States
    • California Supreme Court
    • December 12, 1952
    ...division One, on October 22, 1951, on the grounds that the judgment was interlocutory and hence not appealable. See Erickson v. Boothe, 35 Cal.2d 108, 216 P.2d 454; Lacey v. Bertone, 33 Cal.2d 649, 203 P.2d 755; Lyon v. Goss, 19 Cal.2d 659, 123 P.2d 11; Western Gulf Oil Co. v. Title Ins. et......
  • Lushmeadows Ass'n Inc v. Taggs
    • United States
    • California Court of Appeals Court of Appeals
    • August 3, 2010
    ...of the parties and does not contemplate further judicial proceedings to determine the issues raised in the action. (Erickson v. Boothe (1950) 35 Cal.2d 108, 109; Western Gulf Oil Co. v. Title Ins. Etc. Co. (1946) 77 Cal.App.2d 217, 330.) 3. An order determining attorney fees and costs is ap......
  • Erickson v. Boothe
    • United States
    • California Court of Appeals Court of Appeals
    • September 30, 1954
    ...dismissed by the Supreme Court on the ground that it was merely interlocutory and therefore was not appealable. Erickson v. Boothe, 35 Cal.2d 108, 216 P.2d 454. Subsequent to the first action, plaintiff procured distriction of the estate to herself as sole legatee. Boothe then moved the tri......

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