Morite of California v. SUPERIOR COURT OF LOS ANGELES CTY.

Petitioners, Morite of California, a general partnership, Red Robin International, Inc., a corporation, William M. Morrow, Mary Lou Waite, Emerson G. Hess, Earl Soller, Scott Seller, and George Cottom seek writs of certiorari, mandate, prohibition and other appropriate relief to compel respondent, Los Angeles County Superior Court, to vacate its order setting for trial the declaratory relief action of real parties in interest, Kathryn Grayson, Kim Lloyd, Laurie A. Hill, RLI Insurance Company, a corporation, Pacific Indemnity Company, a corporation, Federal Insurance Company, a corporation, United Pacific Insurance Company, a corporation, Reliance Insurance Company, a corporation, and Industrial Indemnity Insurance Company, a corporation, and to compel reinstatement of the prior court order staying trial of the declaratory relief action pending trial of the underlying action. We grant the writ.

Introduction and Contentions

This petition presents a question of first impression, arising under a statute that became effective January 1, 1993. The new statute is codified as subdivision (e) of Code of Civil Procedure section 1008. It denies trial courts jurisdiction to…