Merchants Finance Corp. v. Kuchel

This is an appeal from a judgment rendered pursuant to an order sustaining a demurrer to the complaint without leave to amend the pleading. The suit is for a mandatory injunction to require the State Controller to retain and apply $28,000, collected from the United States government as damages for injury to the buildings and improvements on the land formerly belonging to plaintiff in a “Distressed Assessment District,” in San Luis Obispo County. It is claimed the state holds this sum in trust for the owners of the property, to be applied only to restoring the buildings and improvements to the…