Dixon

Petitioner Richard.Dixon is the Los Angeles County Treasurer. He is holding a fund and is subject to conflicting orders from the Los Angeles and Orange County Superior Courts. He seeks a writ prohibiting the Orange County Superior Court from enforcing its order.

In January 1986 James Lee Casino pleaded guilty to conspiracy to commit grand theft and admitted a special allegation the sums involved exceeded $25,000. He also admitted several overt acts in furtherance of the conspiracy. The plea included an agreement by the court to postpone sentencing for one year while Casino made restitution payments to petitioner for the benefit of several named victims. Whether Casino would ultimately go to prison or be placed on probation depended on how well he fulfilled the restitution agreement. Over the next several months Casino paid petitioner $110,000 out of a total of $412,500, but before he could be sentenced Casino was murdered.

After Casino’s death, real party Daubenbis secured special letters of administration from the Orange County Superior Court. He filed a petition in Orange County under Probate Code section 851.5 and obtained a temporary order restraining petitioner…