Benjamin Franklin B. I. Corp. v. Schmidt

Full title: BENJAMIN FRANKLIN BOND INDEMNITY CORPORATION (a Corporation), Petitioner…

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

Date published: May 16, 1933

132 Cal.App. 39 (Cal. Ct. App. 1933)

22 P.2d 26

Opinion

Docket No. 8881.

May 16, 1933.

PROCEEDING in Certiorari to review an order of the Superior Court of Los Angeles County. Ruben S. Schmidt, Judge. Dismissed.

The facts are stated in the opinion of the court.

F.E. Davis, Edw. V. Jones and Milton H. Silverberg for Petitioner.

Everett W. Mattoon, County Counsel, S.V.O. Prichard, Deputy County Counsel, and Frank L. Guerena for Respondents.

WORKS, P.J.

[1] The writ of review was improperly issued in this proceeding. After return made to the writ our attention is first called in the briefs to the fact that the petition for the writ was unverified. The writ of review can be issued only upon a verified petition. (Code Civ. Proc., sec. 1069.)

[2] As we have so often said under similar circumstances, respondent judge is not a proper party to the proceeding.

The writ and the accompanying restraining order are set aside and the proceeding is dismissed.

Stephens, J., and Parker, J., pro tem., concurred.