Legal Opinion

Bernstein v. Smutz

California Court of Appeal

Decided December 24, 1947No. Civ. 15859PublishedCited by 34 opinions

1Opinion of the Court

VALLEE, J. pro tem.

Appeal from a judgment rendered upon the sustaining of a demurrer to a petition for a writ of mandate. The order sustaining the demurrer gave petitioner leave to amend. He failed to do so within the time allowed. He appeals from the judgment which followed.

The facts alleged are these:

Respondent Smutz is Zoning Administrator of Los Angeles. On January 17, 1944, petitioner acquired oil leases on 5 acres of contiguous land in Los Angeles in what is known as the “Wilmington Oil Field.” The 5 acres at all times have been “surrounded by public streets.” Under his leases,…

2Cases cited44 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
  3. Dobbins v. Los AngelesSupreme Court of the United States · 1904
  4. Gulf Land Co. v. Atlantic Refining Co.Texas Supreme Court · 1939
  5. Miller v. Board of Public Works of Los AngelesCalifornia Supreme Court · 1925

39 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Rosenfield v. MalcolmCalifornia Supreme Court · 1967
  2. Daurelle v. Traders Federal Savings & Loan Ass'nWest Virginia Supreme Court · 1958
  3. Munns v. StenmanCalifornia Court of Appeal · 1957
  4. Martino v. Concord Community Hospital DistrictCalifornia Court of Appeal · 1965
  5. Eldridge v. City of Palo AltoCalifornia Court of Appeal · 1976

29 more not listed; retrieve them via the Exa API.

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