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.