Evans v. Superior Court of Los Angeles County

Full title: HUGH EVANS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES…

Court: Court of Appeal of California, Second District, Division Two

Date published: Jun 24, 1936

14 Cal.App.2d 756 (Cal. Ct. App. 1936)

59 P.2d 160

Opinion

Docket No. 11056.

June 24, 1936.

PROCEEDING in Mandamus to compel the Superior Court of Los Angeles County to dismiss an action. Writ denied.

The facts are stated in the opinion of the court.

W.L. Pollard and S.L. Kurland for Petitioners.

Olson Olson and Richard C. Olson for Respondent.

MEMORANDUM CASE.

McCOMB, J., pro tem.

Petitioners seek a writ of mandate to compel respondent to dismiss a certain action entitled L.H. Booker, as Owner of Shares of Beneficial Interest in said Diversified Real Estate Investments Trust No. 2, an Unincorporated Trust, v. Hugh Evans Co., a Corporation, et al., said action being No. 336381 in the files of respondent court.

[1] On a similar set of facts we have this day decided in the case of Evans v. Superior Court, Second Civil No. 11055 ( ante, p. 743 [ 59 P.2d 159]), the identical question of law involved in the instant case.

Therefore, on the authority of Evans v. Superior Court, supra, the petition is denied and the alternative writ is dismissed.

Crail, P.J., and Wood, J., concurred.