Treber v. Superior Court

This is a proceeding for writ of mandate to compel respondent court to set aside and vacate its order granting a new trial. The ease is a companion to Mercer v. Perez, ante, p. 104 [65 Cal.Rptr. 315, 436 P.2d 315], also filed this day. As will appear, we have concluded that petitioner is not entitled to relief by way of extraordinary writ.

Petitioner is the plaintiff in a damge action filed in respondent court against the real party in interest. On January 18, 1967, the jury in that action returned a verdict in favor of petitioner; counsel for petitioner fails to so advise us, but we presume…