Delmuto

—Petition to review and annul certain proceedings of the Superior Court of San Joaquin County.

The facts are these: Earcle Firkins was injured in an automobile accident in the city of Tracy, San Joaquin County, on July 8, 1928. On July 25, 1928, he brought an action for damages in the superior court of that county against Leo Delmuto, the driver of one of the automobiles involved in the accident, his father and mother, A. Delmuto and Mrs. A. Delmuto, and, also against one Dominie Valinoti. Earcle Firkins and Leo Delmuto are both minors.

The complaint in said action alleged that petitioner was driving the car and that his negligence caused the injuries complained of, and that A. Delmuto and Mrs. A. Delmuto were the parents of petitioner and had signed his application for a minor’s license to drive the automobile, and were therefore responsible for the negligence of petitioner. The complaint also alleged that Dominic Yalinoti was driving a third car, which was racing with the car driven by the petitioner, and was also liable in damages for the injuries to plaintiff.

After the case was started, but before trial, A. Delmuto died and was apparently forgotten by all parties, as no…