Magliulo v. Superior Court

Opinion

SIMS, J.

An alternative writ of prohibition was granted on the application of petitioner, the defendant below, to review the denial of his motion to stay proceedings in respondent court until such time as the Workmen’s Compensation Appeals Board determines the issue of whether the alleged injuries of real party in interest, the plaintiff below, arose out of her employment and occurred in the course of her employment. (See Scott v. Industrial Acc. Com. (1956) 46 Cal.2d 76 [293 P.2d 18].)

On review it is determined that the action of the trial court in denying the petitioner’s motion for a…