Hustead
Hustead v. Superior Court
Opinion
Opinion
Sims, J.
By his petition for writs of mandate and prohibition, petitioner seeks (1) an order directing the respondent court to vacate its original order, made March 15th and signed and filed March 21, 1968, in supplementary proceedings in a divorce action between Russell A. Patterson and Thelma L. Patterson, which directed petitioner, as sublessee, to pay the monthly rentals accruing under his sublease which were payable to Mr. Patterson, as lessee and sublessor of the premises, to Mrs. Patterson; (2) an order directing the respondent court to recall and quash a writ of execution issued against petitioner in the Patterson action for the sum of $800, and levied upon his bank account shortly prior to December 2, 1968; (3) an order prohibiting the respondent court from ordering the issuance of any additional writs of execution; and (4) an order directing Mrs. Patterson, as real party in interest, to return to petitioner the moneys received by her pursuant to the levy under the writ of execution.
The petitioner is relieved of the prospective provisions of the order entered in March 1968, and from the effect of the writ of execution purportedly issued on that order. The question of…