Magliulo

An alternative writ of prohibition was granted on the application of petitioner, the defendant below, to review the denial of his motion to stay proceedings in respondent court until such time as the Workmen’s Compensation Appeals Board determines the issue of whether the alleged injuries of real party in interest, the plaintiff below, arose out of her employment and occurred in the course of her employment. (See Scott v. Industrial Acc. Com. (1956) 46 Cal.2d 76 [ 293 P.2d 18 ].)

On review it is determined that the action of the trial court in denying the petitioner’s motion for a stay of proceedings was not an abuse of discretion because the remedy before the appeals board and the remedy before the superior court were not mutually exclusive, but complementary, because even if the prosecution of one remedy to judgment or an award might, under existing precedents, preclude resort to the other, the real party in interest was entitled to elect which remedy to pursue, and, finally, because, even if the remedies be considered as mutually exclusive, the petitioner, by his delay in proceeding before the administrative body and by his participation in the proceedings before the…