Hayward Unified School District v. Superior Court

Petitioner school district seeks a writ of prohibition to restrain respondent superior court from proceeding with a personal injury action brought against it by the real party in interest, plaintiff therein.

The complaint in said action was filed on February 20, 1964. Petitioner, as defendant therein, served a demand for security for costs upon plaintiff on June 8, 1964, as provided in section 947, subdivision (a), of the Government Code, as follows:

“At any time after the filing of the complaint in any action against a public entity, the public entity may file and serve a demand for a written…