Great Atlantic Management Co. v. Elliott

By JUDGE RAYNER V. SNEAD

The basic issue in this case is whether a writ of prohibition is an available remedy to a plaintiff to prohibit a judge from conditioning allowance of non-suits to this plaintiff on payment into court of attorneys fees collected from defendants (tenants) in out of court settlements of unlawful detainer cases filed by plaintiff.

If this question is answered in the affirmative, there are three subsidiary issues to be decided.

1. Should the judge be held in contempt for violating an appellate judge’s oral order to desist from the practice of demanding the return of…