Isaacs v. Superior Court

RUSKIN LINES, Superior Court Judge.

An order of the respondent court denying the petitioners’ motion to dismiss, as to them, an amended complaint filed by the *233real parties in interest is the subject of review in this special action. The appropriateness of relief by way of special action has not been challenged by the respondents and this court has not been loath to intervene in analogous situations where a trial court has refused to dismiss a complaint for failure to state a claim. E. g., Industrial Commission v. Superior Court, 5 Ariz.App. 100, 423 P.2d 375 (1967) ; State Compensation Fund v.…