Whitney's at the Beach v. Superior Court

Opinion

SIMS, J.

Petitioner, following the denial of its motion for summary judgment in an action pending in respondent court, seeks a peremptory writ of mandate ordering that court to dismiss the complaint and to enter summary judgment for petitioner. It is concluded that petitioner is entitled to seek review of the trial court’s denial in proceedings of this nature, and that on the merits it is entitled to the peremptory writ which it seeks.

Propriety of the Writ of Mandamus

An order denying a motion for summary judgment is not appealable. “A judgment entered when a motion to strike the answer…