Minthorne

This is an application for a writ of man date to require the trial court to grant a motion to quash service of summons.

Petitioner, a resident of Arizona, was a defendant in an action heretofore pending in the Superior Court, County of Los Angeles, denominated Newfield v. Seeburg Distributing Co., being proceeding numbered 749051 in the files of that court. On September 30, 1962, petitioner came to Los Angeles from Phoenix in order to attend and to testify in that action. While he was waiting for the case to be assigned to a trial department, he was served with process in an action brought against him by the real party in interest in this proceeding, being proceeding numbered 800447 in the files of the respondent superior court. A motion to quash the service of summons in action 800447 was duly made and on December 5, 1962, was denied on the stated ground that “Showing unsufficient [sic] to establish that two actions not related. ’ ’

On January 8, 1963, petitioner filed in this court, in our proceeding numbered 2 Civil 27036, a petition for a writ of mandate to secure an order directing the granting of the motion to quash. That petition showed only the date of the ruling on the…