Lund

Lund v. Superior Court

Caution
1964 Cal. LEXIS 249·39 Cal. Rptr. 891·61 Cal. 2d 698·394 P.2d 707
Supreme Court of CaliforniaAugust 21, 1964L. A. No. 27892California6,539 words

Opinion

lead Opinion

Peters, J.

An alternative writ of prohibition issued in this ease restraining respondent court from proceeding further to enforce its order requiring petitioners to make payment to several of the real parties in interest, and also restraining respondent sheriff from making levy under that order. Further review of the facts and the law demonstrates that the trial court’s order in question was beyond the juris *701 diction and power of that court, and that a peremptory writ should issue.

The facts, set forth in chronological order, are as follows:

On April 4, 1958, Harry W. Saulsbery and Helen W. Saulsbery (hereafter referred to as plaintiffs) filed in respondent court a civil action (No. 76253, hereafter referred to as the principal action) in which Mid Continent Oil Corporation was named as the principal defendant. Subsequently, and during the course of the action, that corporation changed its name to Mid Counties Oil Corporation. It will hereafter be referred to as the defendant. Friis & Gra were, at that time, attorneys of record for plaintiffs.

On June 9, 1958, defendant filed its answer, John R. Brunner, one of the petitioners, being its attorney of record. Thereafter pretrial…

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