Atlantic Richfield Co. v. Superior Court

The case at bench reaches us on an order of our Supreme Court which grants hearing on our order denying an alternative writ of mandate and retransfers the case to us with directions to issue the alternative writ. No reason is stated for the Supreme Court action. The matter at bench raises an issue of apparent first impression concerning the construction of such a Supreme' Court directive. We conclude that the Supreme Court order establishes as conclusive for the purposes of this proceeding all facts necessary to the issuance of an alternative writ including: (1) the lack of another remedy adequate to raise the same issue that is raised in the petition for extraordinaiy relief; (2) the issues raised in the application for writ were properly raised in the trial court; and (3) the petition raises a theoiy which will support the relief sought. Those facts having been conclusively established, we reach issues that we would not otherwise deem appropriate in an application for extraordinary writ. Having done so, we grant a peremptory writ of mandate.

Real parties in interest are successors in interest as heirs-at-law of William and Ella V. Anderson. Six of the nine real parties…