Halpin

We issued an order to show cause and a stay order on the two above-captioned petitions for mandamus and/or prohibition. The Halpin-Giles petition represents interests antipodal to the Hyster Company (“Hyster”) petition but the aim of both was to stay further proceedings in an action pending in the Superior Court of Sacramento County, No. 192553 (“Sacramento action”) entitled Douglas Guardian Warehouse (“Warehouse”) v. Jack Halpin and Max G. Giles.

The two proceedings have been consolidated. The declared purpose of the Sacramento action was to compel specific performance of an alleged settlement between plaintiff Warehouse, represented by attorney Rust and his firm, on the one hand, and defendant Giles, represented by attorney Halpin (who was also a defendant), on the other hand. The alleged settlement was of a cause of action for personal injuries brought in the Shasta County Superior Court (“Shasta action”) by Giles against three defendants of which Warehouse was one and Hyster was another. The trial had been birfurcated. The liability phase was in progress at the time the claimed settlement was said to have been made. Judge Abbe was sitting without a jury to determine…