Torrey Pines Inn, Inc. v. Superior Court
Opinion
Lead Opinion
Agee, J.
The petitioners, Torrey Pines Inn et al., seek a writ of mandate directed to the Superior Court in and for the City and County of San Francisco requiring it to enter its order quashing the service of summons in action number 537619 pending in said court.
This action was commenced on November 7, 1963, by Alta Engineering Associates against petitioners for money allegedly due for engineering services rendered in connection with the construction of a motel at La Jolla, San Diego County, California. A copy of summons and complaint was personally served upon petitioner Frank J. Jackson, Jr. on November 15, 1963.
On November 12, 1963, petitioner, Torrey Pines Inn, commenced an action in the Superior Court in and for the County of San Diego against Alta Engineering Associates and two of its employees Waegemann and Enomoto, for damages for alleged malpractice in connection with said engineering services. A copy of summons and complaint was personally served on Enomoto on November 12, 1963.
The respective causes of action pleaded in the two actions arise out of the same transaction and involve the same subject matter and each is a compulsory counterclaim as against the other. (Code Civ.…