Monteverde

The petitioner, by this application for a writ of review, seeks to secure a judgment of this court annulling an order by the respondents granting a new trial in a certain action wherein the petitioner is the plaintiff and Brooke Realty Company, a corporation, is the defendant, and which action was tried by and is now pending before said respondents.

The position of the petitioner, as must be inferred from the nature of the relief herein sought, is that the respondents in making the order herein complained of acted in excess of their jurisdiction. (See. 1068, Code Civ. Proe.) The ground upon which the petitioner bases the claim for the relief herein asked is that the notice of intention to move for a new trial served and filed by the defendant in the action above named was and is insufficient in law to vest re spondents with the power or right to hear, determine, and grant a motion for a new trial in said action. The notice of intention to move for a new trial is in the following form:

“Please take notice that the defendant herein intends to move the court to vacate and set aside the judgment rendered in the above cause, and to grant a new trial of said cause upon the following…