Pacific View Hospital v. Superior Court

NOURSE, J. pro tem. *

Petitioners are the defendants in an action brought against them in respondent court by real party in interest wherein she sought damages for alleged slanders. Petitioners here seek a writ of prohibition to command the respondent court to refrain from continuing to entertain the action and “from continuing to refuse to dismiss said action.”

The relevant facts are: On October 19, 1960, real party in interest filed her complaint against petitioners. She failed, however, to file the undertaking required by section 830 of the Code of Civil Procedure and the clerk refused to…