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Wieler v. Humphreys

California Court of Appeals, Fourth District, Third Division
Feb 28, 2008
No. G038715 (Cal. Ct. App. Feb. 28, 2008)

Opinion


HOWARD & WIELER et al., Plaintiffs and Respondents, v. HARRY W. HUMPHREYS, Defendant and Appellant. G038715 California Court of Appeal, Fourth District, Third Division February 28, 2008

NOT TO BE PUBLISHED

Super. Ct. No. 06CC01593

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT

ARONSON, J.

It is ordered that the opinion filed herein on January 30, 2008, be modified as follows:

1. Following the final sentence on page 2 (which concludes “. . . the award has vanished.”), insert a new footnote number 1 and corresponding footnoted text, as follows:

In a petition for rehearing, Humphreys insists the appeal is not moot because H & W levied on one of his bank accounts, “from which they took the entire balance of $2,580.” But Humphreys forfeited this argument by failing to furnish any evidence in the record of this levy. His reliance on the order authorizing H & W to enforce the entire amount of the judgment does not establish the particular levy he complains of — or any other — ever took place. In any event, the relief Humphreys requests for the purported levy is itself moot. He seeks an order compelling H & W to restore the $2,580 — with interest. But doing so would be a useless gesture because the arbitrator’s award, which we have now affirmed in case No. G038298, entitled H & W to much more than this amount, plus the same rate of interest Humphreys presumably seeks. Accordingly, the appeal remains moot and we decline to order a pointless reversal. (See Consolidated, Inc. v. Northbrook Ins. Co. (1979) 92 Cal.App.3d 888, 893 [“it is clear that the reversal of the judgment would serve no useful purpose and would simply constitute an idle act”]; accord, People v. Haskins (1985) 171 Cal.App.3d 344, 350 [“The law does not require idle acts”]; see also Cal. Const, art. II, § 13.)

This modification does not change the judgment. The petition for rehearing is DENIED.

WE CONCUR: SILLS, P. J., O’LEARY, J.


Summaries of

Wieler v. Humphreys

California Court of Appeals, Fourth District, Third Division
Feb 28, 2008
No. G038715 (Cal. Ct. App. Feb. 28, 2008)
Case details for

Wieler v. Humphreys

Case Details

Full title:HOWARD & WIELER et al., Plaintiffs and Respondents, v. HARRY W. HUMPHREYS…

Court:California Court of Appeals, Fourth District, Third Division

Date published: Feb 28, 2008

Citations

No. G038715 (Cal. Ct. App. Feb. 28, 2008)