United Shippers, Inc. v. Superior Court

The facts are simple. Petitioner filed a complaint in the court below. Real parties in interest (real parties) demurred. The demurrer had a chequered history but, suffice it to say, that on January 15, 1979, it was argued. On January 19, 1979, the clerk of the superior court filed a dismissal of the action without prejudice, upon a written request therefor by petitioner, pursuant to Code of Civil Procedure section 581, subdivision l. Two days later, respondent superior court issued an order restraining the clerk from proceeding with the dismissal, i.e., entering it upon the judgment roll. Shortly thereafter, petitioner sought relief by way of an extraordinary writ from this court. Its petition was denied as “premature.” Thereafter, respondent held a hearing to determine whether it had jurisdiction to rule on the demurrer, i.e., had the action been “dismissed.” Respondent concluded it had jurisdiction and thereafter sustained the demurrer without leave to amend. Ultimately, respondent entered a judgment of dismissal, following which, this petition for prohibition or, in the alternative, certiorari or mandate was filed.

Real parties contend that at the hearing on January…