Wright v. Superior Court

The proceeding is for prohibition. By the terms of the statute the writ cannot issue unless the court below is acting without jurisdiction. This is the controlling factor in the ease. A failure to state facts sufficient to constitute a cause of action, or, in other words, to state facts which show that the plaintiff has a right of action, must not be confused with a lack of jurisdiction. The first proposition has no bearing at all on the decision of the ease, while the latter is essential to the decision of the majority of the court. And yet the decision is based on the first proposition…