Ford Motor Co. v. Superior Court

Opinion

FEINERMAN, J. *

Petitioners seek a writ of mandate to compel respondent to set aside its order of December 18, 1970 granting the motion of real party in interest Archie Grant (hereinafter designated as Grant) to strike the sixth affirmative defense in petitioner Ford’s second amended answer (collateral estoppel) 1 and the fifth, sixth, seventh and eighth affirmative defenses (retraxit, res judicata, and collateral estoppel) in the amended answer of petitioner Murphy Lincoln-Mercury (hereinafter designated as Murphy).

For the reasons hereinafter set forth, we have determined that the…