Tauber-Arons Auctioneers Co. v. Superior Court

Petitioner Tauber-Arons Auctioneers Company, Inc., seeks a peremptory writ of mandate to compel respondent Superior Court for the County of Los Angeles to vacate its order, granting the motion of real party in interest Doroteo Perez to specify an issue “without substantial controversy” pursuant to Code of Civil Procedure section 437c.

Perez is the plaintiff in the action entitled Perez v. Independent Crop Dusting Corporation, et al., case No. C 110988, which seeks damages for personal injuries allegedly suffered as the proximate result of a defect in a “Forsberg Model 101 ‘V’ Belt Drive Planer.” Perez suffered injury while operating the planer in the course of his employment with Crystal-Like Plastics on or about March 19, 1974. The planer was acquired by Crystal-Like Plastics in February 1969, at an auction sale conducted by petitioner.

After discovery proceedings which disclosed the source of the machine, Perez moved the court for an order that it be “deemed established” that petitioner (1) “sold the subject product to the plaintiff’s employer, Crystal-Like Plastics,” (2) “is the ‘seller’ of the subject product,” and (3) “[a]s ‘seller’ of the subject product.. .is…