Evans v. Superior Court

McCOMB, J., pro tem.

Petitioners seek a writ of mandate to compel respondent to dismiss a certain action entitled L. H. Booker, as Owner of Shares of Beneficial Interest in said Diversified Real Estate Investments Trust No. 2, an Unincorporated Trust, v. Hugh Evans & Co., a Corporation, et al., said action being No. 336381 in the files of respondent court.

On a similar set of facts we have this day decided in the case of Evans v. Superior Court, Second Civil No. 11055 (ante, p. 743 [59 Pac. (2d) 159]), the identical question of law involved in the instant case.

Therefore, on the authority of…