The petitioner applied to E. A. Portal Co., a corporation, and C. A. Budd, its secretary, to have a certificate of stock transferred on the books of the corporation, the respondents refused to make the transfer, and the petitioner has applied to this court for a writ of mandate directing the respondents to make the transfer. The parties stipulated as follows:

In Cook on Corporations, sixth edition, section 391, the author said: 1 £ This (remedy by suit in equity) is the surest, most complete, and most just remedy for compelling a corporation to register a transfer of stock, and for adjusting the various conflicting rights or claims of other parties. It is a remedy applicable to almost all cases arising under a refusal of the corporation to allow a registry of transfer. The ease will be decided on equitable principles, however; and a transfer will not be decreed if it involves bad faith. The corporation itself is of course a necessary and in fact the chief defendant where stock has been presented for transfer, which has '.,ee"> refused. In a suit in equity by the claimant of stock against other parties, claiming the stock, the corporation is a proper but not a necessary party defendant, in order that a transfer of the stock may be had upon the corporate books.”

In Spangenberg v. Western etc. Co., 166 Cal. 284 [ 135 Pac. 1127 ], there was before the court an appeal from the judgment of the trial court granting a writ of mandamus directing the officers of the defendant corporation to transfer on defendant’s books shares of stock in said corporation. In sustaining the appeal and reversing the judgment of the trial court, speaking through Mr. Justice Shaw, the court said: “But by the great weight of authority it has been generally settled that a suit in equity is, to quote from Cook on Corporations, ‘the surest, most complete and most just remedy for compelling a corporation to register a transfer of stock.’ (Cook on Corporations, 6th ed., sec. 39.) This remedy, being practically a suit for the specific performance of the obligation to transfer the stock, would generally be more satisfactory than the remedy by mandamus, since every claimant could be made a party to the action and a complete adjustment could be made of the rights and interests of all concerned. Such actions have been maintained in this state, National Bank of the Pacific v. Western P. R. Co., 157 Cal. 573 [21 Ann. Cas. 1391, 27 L. R. A. (N. S.) 987, 108 Pac. 676 ], for exemple. That ease was contested on other grounds, but it was conceded by both parties that a suit in equity was the appropriate remedy. We are of the opinion that, unless some extraordinary emergency exists, a suit in equity to compel the transfer would be found to be the most appropriate remedy.”

The reasoning of the above authorities is specially applicable to the facts of this case. It is apparent from the agreed statement of facts that the corporation defendant is asserting no title or claim in itself. However, it is apparent that Mrs. Gehret is claiming that she is about to be wronged by the transfer which the petitioner would have this court direct the officers of the corporation to consummate by transferring the shares of stock represented by certificate number 1 on the books of the corporation. True it is that Mrs. Gehret has been made a party, but it is likewise true that “the surest, most complete and most just remedy” for protecting her rights is a suit in equity.

The writ is denied.

Koford, P. J., and Nourse, J., concurred.