Gray

The proceedings before this court involve three separate causes which have been consolidated for determination because they present common questions of law. In Gray v. Whitmore (1 Civ. 27565) and in Dionio v. Carberry (1 Civ. 28540) the respective plaintiffs appeal from an order denying them a preliminary injunction and a peremptory writ of mandate. In Bryson v. Carberry (1 Civ. 28319) a petition for a writ of mandate was filed in this court and we issued an alternative writ of mandate.

Statement of the Cases

Gray v. Whitmore

Plaintiffs were evicted from their Redwood City apartment pursuant to an unlawful detainer action. Pursuant to a writ of possession defendant sheriff seized plaintiffs’ furniture and sundry personal effects remaining on the premises and delivered them to the owner of the premises for safe keeping pursuant to Code of Civil Procedure section 1174. Plaintiffs thereupon filed with defendant sheriff a claim of exemption pursuant to Code of Civil Procedure section 690.26. The sheriff refused to accept or act upon such claim and the instant action was instituted whereby, pursuant to a petition for a writ of mandate, prohibitive injunction, and…