CREST CATERING CO. v. SUPERIOR COURT

Docket No. L.A. 28185.

62 Cal.2d 274 (1965)

398 P.2d 150

42 Cal. Rptr. 110

CREST CATERING COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CARL KIRSTEN, Real Party in Interest.

Supreme Court of California. In Bank.

January 22, 1965.


Attorney(s) appearing for the Case

Epport & Delevie and Victor M. Epport for Petitioner.

Thomas C. Lynch, Attorney General, Edward M. Belasco and Herschel T. Elkins, Deputy Attorneys General, Mitchell, Silberberg & Knupp and Howard S. Smith as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

James H. Denison and Edward S. Stutman for Real Party in Interest.

Harry Graham Balter, Bledsoe, Smith, Cathcart, Johnson & Rogers and Robert A. Seligson as Amici Curiae on behalf of Real Party in Interest.


TRAYNOR, C.J.

Carl Kirsten, as administrator of an Employee Welfare and Retirement Fund and as assignee of the trustees of the fund, brought an action against Crest Catering Company to compel payment of contributions allegedly owed to the fund under the terms of a contract with a labor union. He alleged that in June 1957 Crest orally agreed with the union to make contributions to the fund at specified hourly rates for each...

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