Garin v. Pelton

An appeal is pending in this court from a judgment of dismissal entered after the trial court had sustained, without leave to amend, defendants’ demurrer to a petition for a writ of certiorari. The transcript on appeal contains a copy of the petition, demurrer thereto, the minute order sustaining the demurrer, the judgment, the notice of appeal therefrom, and the clerk’s certificate. In this motion for diminution of the record respondents ask that the appellant he required to include in the transcript on appeal a copy of the writ and return thereto which they assert they filed in response to…