Gubin v. Superior Court

THOMPSON (IRA F.), J.

The petitioner seeks the writ, of mandate to compel the respondent court to receive testimony. Simply stated, the proposition presented to us is this: The petitioner here sued her husband in the respondent court for divorce and incidentally for a division of the community property. She joined' the defendant’s brother, Oscar Gubin and his wife, Bertha Gubin, as defendants alleging that, the two latter held the record title to property, which in truth and in fact belonged to herself and her husband as community property. After Bertha Gubin was called to the stand under…