SPECIAL EDITIONS v. KELLISON

Docket No. 20108.

129 Cal.App.3d 803 (1982)

181 Cal. Rptr. 351

SPECIAL EDITIONS, Plaintiff and Respondent, v. JAMES F. KELLISON, Defendant and Appellant; FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Objector and Respondent.

Court of Appeals of California, Third District.

March 17, 1982.


Attorney(s) appearing for the Case

COUNSEL

Vernon K. Deming for Defendant and Appellant.

Buchalter, Nemer, Fields, Chrystie & Younger and Bernard E. LeSage for Plaintiff and Respondent.

Sedgwick, Detert, Moran & Arnold, David E. Bordon and Mark S. Unger for Objector and Respondent.


OPINION

PUGLIA, P.J.

The question presented is whether a defendant, who competently alleges he was damaged by voluntary compliance with a temporary restraining order with which he was never served, is entitled to prove his damages in a proceeding to enforce the liability of the surety after the complaint for injunction has been dismissed on plaintiff's motion. We hold that he is.

Prior to July 26, 1980, defendant, James F...

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