Cohen

This is a petition for a writ of mandate asking us to. direct the trial court (Los Angeles County Superior Court) to set aside its order.

Petitioner Cohen is a defendant in a personal injury action filed by the real party in interest (plaintiff) whose complaint alleged that Cohen’s codefendant struck plaintiff in a car, after codefendant had consumed liquor in petitioner’s bar, “The Tender Trap Cocktail Lounge.” We issued an order temporarily staying trial of this case then set for September 29, 1976, placing oral argument on our November 9 calendar and ordered that a return (Code Civ. Proc., §§ 1089, 1105, 1108) be filed by October 26. Because of a showing made by R.P.I. (plaintiff) we advanced oral argument to our October 13 calendar and, at oral argument R.P.I.’s counsel stated that he intended his various memoranda be considered by us as his “return” to the petition for a writ. We have so considered them.

R.P.I. served Cohen’s attorney with a request for admissions. Defendant apparently intended to make a denial of requests for admissions Nos. 2-35, but denied the same on information and belief. R.P.I. moved the trial court for an order under Code of Civil…