Funfar

This is an original application for a writ of prohibition to be directed against the Superior Court of Los Angeles County and certain judges thereof, and also to the county clerk and sheriff of the aforementioned county, commanding and directing the court and its officers to desist and refrain from further proceedings in a certain cause, Funfar v. Funfar, No. D63849, which was filed therein; also, for a writ of mandate directed against Judge Clair S. Tappaan compelling him to make a certain order granting petitioner’s motion to strike from the files an order purporting to modify and amend findings of fact and conclusions of law and an interlocutory decree of divorce.

The following facts are made to appear: Petitioner is the defendant in the action in question, which was an action commenced by Sophia Funfar for a divorce. The cause was heard by Judge Lamberson, who gave judgment for plaintiff, which judgment was entered March 27, 1930. On March 28th petitioner filed his notice of intention to move for a new trial. It is alleged that on May 13, 1930, Judge Lamberson made an order denying petitioner’s motion for a new trial. On May 15th petitioner filed his notice of appeal from the…