Livermore Sanitarium v. Superior Court

The petitioner seeks a writ of mandate. The respondent has failed to respond to the order to show cause, and we will therefore treat the allegations of the petition as true.

Petitioner filed a complaint in the justice’s court on June 19, 1939, against J. Augustine for recovery of money upon a written contract; on August 14, 1939, it filed an amended complaint. On September 15, 1939, Augustine demurred to this amended complaint, and the demurrer was sustained without leave to amend on October 11, 1939. Prior to October 11th, the justice of the peace had failed to fix the day for trial of this…