274 Cal. App. 2d 315

[Civ. No. 12164.

Third Dist.

June 25, 1969.]

COUNTY OF SACRAMENTO, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; ALLAN T. OLSON et al., Real Parties in Interest.

John B. Heinrich, County Counsel, and Clyde Small for Petitioner.

No appearance for Respondent.

Colley & McGhee and Nathaniel S. Colley for Real Parties in Interest.

BRAY, J.*

Petition by County of Sacramento for writ of mandate to compel the Sacramento County Superior Court to set aside .the judgment on the pleadings, and to direct said court to proceed to trial of the issues raised solely by the complaint in superior court action 156971, without awaiting the determination of the appeal now pending in this court, 3 Civil Number 12223.1

*316For a history of the proceedings leading up to this petition see 3 Civil 12223, Olson v. County of Sacramento, post, p. 316 [79 Cal.Rptr. 140] in which appeal a decision was this day filed. For the purpose of this proceeding, it is sufficient to say that because all the contentions raised in the petition herein were raised and decided in that appeal they cannot be litigated again herein.

The order to show cause is discharged and the petition for writ of mandate is denied.

Pierce, P. J., and Regan, J., concurred.

County of Sacramento v. Superior Court
274 Cal. App. 2d 315

Case Details

Name
County of Sacramento v. Superior Court
Decision Date
Jun 25, 1969
Citations

274 Cal. App. 2d 315

Jurisdiction
California

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