Goble v. Appellate Department of Superior Court

The petition for the writ of mandate is demurred to on the ground that no cause for relief is stated against respondent judges. The demurrer must be sustained. This point has been decided with tiresome frequency. (See, for instance, Alexander v. Superior Court, 91 Cal. App. 312 [266 Pac. 993].)

Demurrer is also interposed on the grounds, in effect, that the Appellate Department of the Superior Court is not a proper party respondent and that the proper party is the superior court. This point we shall not determine. We shall assume, for the purpose of the decision only, that the proceeding has…