People v. Superior Court

Mandate to compel respondent court to hear and determine a contempt proceeding.

On October 15, 1964, petitioner filed a complaint in the respondent court entitled “The People of the State of California, Plaintiff, v. Federal Liquidators, a corporation, Federal Enterprises, a corporation, dba Federal Claim Adjusters, Lawrence L. Stein, and Does I through V, Defendants,” number 847,471. The complaint charged violations of section 17500 of the Business and Professions Code.

The defendant, Lawrence L. Stein, hereinafter referred to as Stein, is the real party in interest in the proceedings before this court.

It appears that the plaintiff, through the Attorney General, and the defendants, through their attorney, Eugene Berchin, had prior to October 15, 1964, discussed the circumstances out of which the litigation below arose and had, on August 21, 1964, stipulated to the entry of a proposed final judgment. A judgment was then rendered on January 18, 1965. There is no question raised here that the judgment rendered was not in all respects identical to the terms and conditions contained in the proposed judgment contemplated by the stipulation. When the cause came on for hearing, being…