Legal Opinion

Floyd Neal & Associates, Inc. v. Superior Court

California Court of Appeal

Decided August 18, 1977No. Civ. 50676PublishedCited by 8 opinions

1Opinion of the Court

Opinion

STEPHENS, J.

Petitioner seeks a writ of mandate or prohibition to compel dismissal of real party in interest’s complaint in intervention pursuant to section 581a of the Code of Civil Procedure, or to prohibit trial of real party’s cause of action. Either mandamus or prohibition being a proper remedy to achieve the desired result (Carter v. Superior Court, 187 Cal.App.2d 1 [9 Cal.Rptr. 140]), and the petition presenting a novel question of law, we issued an alternative writ of mandate.

The facts are these: While acting in the course and scope of his employment, real party was injured in a…

2Cases cited11 opinions

  1. Gonsalves v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1940
  2. Busching v. Superior CourtCalifornia Supreme Court · 1974
  3. Big Bear Mun. Water Dist. v. Superior Court of San Bernardino Cty.California Court of Appeal · 1969
  4. Semole v. SansoucieCalifornia Court of Appeal · 1972
  5. Dresser v. Superior CourtCalifornia Court of Appeal · 1964

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. Leonard CA4/1California Court of Appeal · 2014
  2. Deutschmann v. Sears, Roebuck & Co.California Court of Appeal · 1982
  3. State Compensation Insurance Fund v. Selma Trailer & Manufacturing Co.California Court of Appeal · 1989
  4. Bishop v. SilvaCalifornia Court of Appeal · 1991
  5. Buell v. CBS, INC.California Court of Appeal · 1982

3 more not listed; retrieve them via the Exa API.

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