Nakash

Introduction

Petition for writ of mandate. Petitioners (the Nakash brothers, Joe, Ralph and Avi) seek an order of this court directing respondent superior court to vacate its order of March 27, 1987, denying summary adjudication of specified issues in consolidated cases Nos. C 524347 and C 628588, and to enter instead an order granting such adjudication.

Division 3 of this court issued an alternative writ on May 12, 1987. On June 16, 1987, the California Supreme Court ordered that the matter be transferred to Division 1 of this court. The petition is opposed by real parties in interest the Marcianos (brothers Georges, Maurice, Armand and Paul) and a California corporation, Guess? Inc. (hereinafter Guess). We deny petitioners relief and discharge the alternative writ.

Factual and Procedural History

Briefly, the pertinent facts giving rise to this writ proceeding are: In 1981 the Marcianos formed Guess, which has been successful in the design, production and sale of high-fashion clothing, including “designer jeans.” Petitioners, the Nakashes, declare that net profits in 1986 were $110 million.

The Marcianos owned 100 percent of Guess stock until 1983, when they…