Remainders, Inc. v. Superior Court

NOURSE, J. pro tem. *

Petitioner seeks a writ of mandate to compel the respondent court to vacate its order setting aside a default of real parties in interest entered by its clerk.

The order made by the court is not appealable and hence mandamus is a proper remedy if the court acted in excess of its jurisdiction or abused its discretion in entering that order.

The relevant facts are: Petitioner commenced an action against real parties in interest and others, and service of process was made upon real parties in interest. Petitioner extended the time for real parties in interest to plead to…