Atkinson v. Superior Court Of Los Angeles County

49 Cal.2d 338 (1957)

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Nature of the Case

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Facts

P sued D over the payment of royalty payments into trust accounts instead of directly to the employees. P sought a declaration of the invalidity of the collective bargaining agreement that brought this arrangement about. At the commencement of the action, they moved for the appointment of a receiver to collect the payments and for preliminary injunctions to prevent the employers from making payments to the trustee. The trustee was served pursuant to court order by delivery of summonses and complaints and motion papers in New York. The trial court held that in order to issue the preliminary injunctions, the trustee was a necessary party and that because there was no jurisdiction over the trustee, it could not grant the relief requested. The matter was appealed.