State Ex Rel. City of St. Louis v. Litz

PUDLOWSKI, Presiding Judge.

This is an original proceeding in which relator seeks an order in mandamus against respondent Judge, to set aside an order entered on February 14, 1983, dismissing relator’s action against the City of Berkeley and to reinstate said cause for a hearing on its merits. Respondent has stayed his order until this court rules on the petition for Mandamus. We granted a preliminary order to which respondent filed his return. The cause was then argued and submitted. We make our preliminary order absolute.

The determinative facts are mutually admitted. On July 12, 1982, the…