Taliaferro

This litigation arises out of the sale of a motor vehicle by Howard Rohrer to one Baxter, who in turn transferred the vehicle to the appellant Taliaferro. These suits then followed, in this order:

It is from the denial of the writ of prohibition in proceeding No. 5 above that this appeal is prosecuted.

In applying for the writ in the Superior Court in Contra Costa County the appellant alleged that action No. 2 was still pending in the Municipal Court for the Berkeley-Albany Judicial District, although the further prosecution of that case had been permanently prohibited by the Superior Court in Alameda County, at the appellant’s request.

There is thus presented a single question for decision: Is an action still pending when its further prosecution has been permanently prohibited by a final judgment of a higher court ?

Code of Civil Procedure section 1049 provides as follows: “An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. ’ ’

*615 In action No. 3 above, the Superior Court in Alameda County prohibited the Municipal Court for the…