Tomales Bay Oyster Corp. v. Superior Court

Petitioner seeks a writ of prohibition to stay further proceedings under a cross-pleading filed by the California Employment Stabilization Commission in an action brought by petitioner against the commission.

On January 4, 1943, petitioner commenced an action to recover $20 unemployment insurance contributions paid under protest, alleging that it was not an employer subject to the Unemployment Insurance Act. On March 13, 1943, the commission filed a pleading, entitled “Answer and Counterclaim,” which set forth a cause of action “by way of counter-claim” for further taxes and penalties due in…