Cuneo

This is a petition for a writ of prohibition directed to the Superior Court of the State of California for the County of Merced restraining and prohibiting Judge Gregory P. Maushart from hearing any matter and making any order in the aforesaid action and from enforcing any temporary restraining order and preliminary injunction issued in said action and for all other proper relief.

Petitioners are trustees under the last will and testament of George Cuneo, deceased, and as surviving partners of Cuneo Bros., a copartnership, are beneficiaries under two deeds of trust executed by the Heins, the real parties in interest, as security for the payment of two promissory notes, one for $25,000 and the other for $9,675.

On May 11, 1962, the Merced County Title Company, the trustee named in the deeds of trust, filed a notice of default, and on August 10, 1962, the Heins filed an action for declaratory relief claiming there was a controversy between the parties, denying that they were in default, claiming that the obligation had not been breached, praying that the court determine the amount paid and the balance due, if any, and that the title company be enjoined from giving any notice of…