Crestlawn Memorial Park Assn. v. Sobieski

BURKE, P. J.—

Appeals in two separate proceedings for writs of mandate were consolidated by stipulation of counsel who agreed that a single opinion might be written covering both appeals. Although relating essentially to the same subject matter and the same controversy they are not dependent upon the determination of an equity action considered concurrently therewith. (Sheppard, et al., plaintiffs and respondents, v. Bay A. Wilcox, et al., defendants and appellants, * post, p. 53 [26 Cal.Rptr. 412].) Since the latter case in an action to declare a constructive trust it will be referred to…