Rio Del Mar Country Club, Inc. v. Superior Court

Petition for a writ of prohibition. Petitioner seeks in this proceeding to prevent respondent superior court from further proceeding, except to dismiss, an action commenced by respondent commission against petitioner. The record discloses the following chronology: August 26, 1941—complaint filed and summons issued. September 5, 1941—complaint and summons served. October 15, 1941—defendant filed a demurrer to the complaint. On the same day defendant executed a stipulation waiving the provisions of section 583 of the Code of Civil Procedure.

December 4, 1946—summons returned.

December 12,…