McCulloch v. Superior Court

This proceeding is the aftermath of our decision in McCulloch v. Liguori, 88 Cal.App.2d 366 [199 P.2d 25], and is based upon a petition for a writ of mandate, certiorari or prohibition, whichever is appropriate, to undo the action of the trial court in granting a new trial in the above mentioned case. On such petition, we issued an alternative writ of mandate.

Facts

There is no dispute as to the facts. In the Liguori case we reversed the judgment of the trial court insofar as it denied recovery to the plaintiff in excess of the sum of $750, and directed that court, inasmuch as there was no…