Volkswagen of America, Inc. v. Superior Court

Opinion

DUNN, J.

March 19, 1971, we issued an alternative writ to respondent court, directing it to show cause why its order of December 17, 1970 (as modified February 9, 1971), striking petitioner’s answer to the com plaint filed by Hyatt (real party in interest), should not be annulled. We have now determined that a peremptory writ of prohibition should issue. (Lund v. Superior Court (1964) 61 Cal.2d 698, 708-710 [39 Cal.Rptr. 891,394 P.2d 707].)

On February 24, 1970, Hyatt filed in respondent court a complaint for personal injuries and wrongful death, and in March 1970 Volkswagen of America,…