Kenneth W. Hoagland, City Attorney, and Richard J. This case arose out of the respondent Subriar's operating an ambulance business in the City of Bakersfield without first having obtained a certificate of convenience and necessity as required by chapter 7. Respondent Subriar on two different occasions filed applications for obtaining a certificate. At the time of respondent's first application there was only one ambulance operator in the city. But upon the filing of each application, the respondent, Subriar, refused to provide any information to show that public convenience and necessity required the issuance of a certificate or license to another ambulance operator in the city.
Between respondent's first and second applications, another ambulance operator Hall Ambulance made application and provided information to show that public convenience and necessity required another operator. A certificate was then issued to Hall Ambulance. Respondent Subriar filed a first amended complaint in Superior Court of Kern County on August 3, , essentially seeking to have the court declare the "convenience and necessity" clause as invalid and in [59 Cal.
Respondent Solomon, the attorney for Mr. Subriar, joined himself as a taxpayer party under Code of Civil Procedure section a. At the conclusion of the plaintiffs' case, defendants made motions for judgment on the pleadings and motion for judgment. On February 11, , order re judgment intended decision was issued by the superior court.
Appellants filed objections and proposed counter findings of fact and request for special findings in a timely manner. On April 26, , the trial court signed findings of fact and conclusions of law and on April 29, , entered its judgment. Appellants made a timely motion for new trial which was denied and appellants filed a notice of appeal. In this appeal appellants defendants attack a judgment of the Superior Court of Kern County which adjudged unconstitutional the ordinance of the City of Bakersfield regulating the granting of permits to operate ambulances within the city limits, fn.
As filed, the action embraced two separate causes of action: the first, a cause of action by plaintiff Frank Subriar, the operator of an ambulance service in the County of Kern, who alleged he was denied a permit to operate his ambulance within the City of Bakersfield upon unconstitutional grounds; the second, a cause of action by plaintiff Gabriel W.
