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ALLEN v. PITCHESS

Docket No. 41902.

36 Cal.App.3d 321 (1973)

111 Cal. Rptr. 658

R.E. ALLEN, as Receiver, etc., Plaintiff, v. PETER J. PITCHESS, as Sheriff, etc., et al., Defendants; CONSTANCE A. GARNIER, as Trustee, etc., et al., Interveners and Respondents; NATIONAL AUTOMOBILE AND CASUALTY COMPANY, Objector and Appellant.

Court of Appeals of California, Second District, Division One.

December 27, 1973.

Attorney(s) appearing for the Case

COUNSEL

Dillavou & Urick and Willis E. Urick, Jr., for Objector and Appellant.

Mary Ann Cohen and Abbott & Crahan for Interveners and Respondents.

No appearance for Plaintiff or for Defendants.

OPINION

THOMPSON, J.

In this appeal from a judgment pursuant to Code of Civil Procedure section 535 on an undertaking on a temporary restraining order given by appellant Surety, appellant contends: (1) the amount of damages awarded by the trial court is not supported by substantial evidence and an award of prejudgment interest is erroneous; (2) respondents who recovered the judgment are not beneficiaries of the undertaking and hence...

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