Montgomery v. Sullivan

GROVER B. MONTGOMERY et al., Respondents, v. CARL SULLIVAN et al., Defendants; ARTHUR B. SIRI, INC. (a Corporation), Appellant.

COUNSEL

Wallace, Garrison, Norton & Ray for Appellant.

Hitchcock & Coulter for Respondents.

OPINION OF THE COURT

Memorandum

SCHOTTKY, J.

This case involves the same issues as the case of Puckett v. Sullivan, ante, p. 489 [12 Cal. Rptr. 55], 3 Civil Number 10002, in which our opinion was this day filed. Although the two cases were tried separately and decided by different judges, the only factual difference of any significance is that the Montgomery property is farther removed from the area of the cut than the Puckett property. Both appellant and respondents agree that this court's decision in the Puckett case will control the decision in the instant case.

For the reasons set forth in Puckett v. Sullivan, supra, the judgment is affirmed.

Van Dyke, P. J., and Peek, J., concurred.