Briggs

Petitioners seek a writ of prohibition to restrain the Superior Court of Alameda County from any further proceedings in an action filed in said court against them by one Dorothy Fowler. Petitioners previously appeared specially, and made a motion in said superior court to vacate and quash service of complaint and summons which had been made upon them under the provisions of section 404 of the Vehicle Code. The ground of their motion was that at the time of the accident upon which the cause of action is based both petitioners were not “non-residents” of the State of California. This motion was denied.

It is conceded that prohibition is the appropriate remedy here. (Berger v. Superior Court, 79 Cal.App.2d 425 [ 179 P.2d 600 ]; Jardine v. Superior Court, 213 Cal. 301 [ 2 P.2d 756 , 79 A.L.R. 291 ].)

On August 13, 1945, petitioners were involved in an automobile accident in Alameda County with Dorothy Fowler, who on June 11, 1946, filed suit against both petitioners for injuries alleged to have been received by her in that accident. Service was made on petitioners by leaving copies of summons and complaint with the Director of Motor Vehicles, Sacramento, California, and by personal…