California Press Manufacturing Co. v. Superior Court
Opinion
Lead Opinion
Curtis, J.
This is a proceeding in prohibition to restrain the respondent superior court from taking any further action in that cause entitled “Universal Sales Corporation, Ltd., a corporation, Plaintiff, v. California Press Manufacturing Co., a corporation, California Pellet Mill Company, a corporation, et al., Defendants,” filed in the Superior Court of Santa Clara County on January 31, 1941. This latter suit and another similar suit filed on February 2, 1938, in the Superior Court of the City and County of San Francisco, are both based on a contract involved in a previously instituted declaratory relief action now on appeal to this court—Universal Sales Corporation, Ltd., a corporation, Plaintiff, v. California Press Manufacturing Company, a corporation, Defendant,” S. F. No. 15988, ante, p. 751 [ 128 P. (2d) *778 665 ]. Disposition of this latter cause was made in an opinion filed today and reference is made thereto for a full discussion of the provisions and effect of the mentioned contract.
While the main case [S. F. No. 15988] was pending in this court and while the second San Francisco action apparently was being held in abeyance until final decision by this court on the appeal…