Leeds
Leeds v. Superior Court
Opinion
Lead Opinion
McMurray, J.
Petitioner seeks a writ of prohibition, in the alternative a writ of mandamus to obtain *724 either a dismissal or stay of proceedings in an action pending in respondent court. A prior action was pending in the State of Nevada between petitioner as plaintiff and real parties in interest as defendants concerning substantially the same subject matter as the California action, wherein real parties in interest are plaintiffs and petitioner is defendant.
" When an action is brought in a court of this state involving the same parties and the same subject matter as an action already pending in a court of another jurisdiction, a stay of the California proceedings is not a matter of right, but within the sound discretion of the trial court.” (Farmland Irrigation Co. v. Dopplmaier, 48 Cal.2d 208, 215 [ 308 P.2d 732 ].)
Here the respondent trial court denied a “Motion to Dismiss Action or Stay Proceedings on Ground Another Action Pending in Clark County, Nevada,” and thereafter denied a “Motion to Remove Cause from Pretrial Calendar and for Stay of Proceedings until Completion of Discovery and Determination of Petition for Writ of Prohibition.” Both of these motions were denied after…