Somo
Somo v. Superior Court
Opinion
Lead Opinion
Houser, J.
As they affect the application herein for a writ of prohibition, the facts are not in dispute; but that situation is not true with reference to the basic facts upon which it is alleged that the lower court is about to act on a petition presented to it for a writ of mandate, and as incidental thereto, the issuance of a temporary restraining order or an injunction pendente lite. More particularly, from the petition for a writ of prohibition and the answer thereto presented to this court, it appears that as the proposed result of a petition for a writ of mandate the lower court summarily, and without a trial of the involved issues of fact, is about to issue its order by which the petitioners herein, Somo and Strauss, who are not only assuming to act, but in fact acting, as the president and secretary respectively of Maywood Mutual Water Company No. 1, a corporation, and' as such in possession of the office, office equipment, records, files, etc., of such corporation, will be required to surrender the same to Goodway and Butler, who likewise assert their right to act in the capacities of president and secretary respectively of the same corporation; and that the said Somo and Strauss…