AUSLEN v. SUPERIOR COURT

Docket No. S.F. 21107.

58 Cal.2d 820 (1962)

377 P.2d 72

27 Cal. Rptr. 8

HARRY AUSLEN et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents; MORRIS AUSLEN, Individually and as Administrator, etc., et al., Real Parties in Interest.

Supreme Court of California. In Bank.

December 11, 1962.


Attorney(s) appearing for the Case

Eisner & Titchell, Norman A. Eisner and Haskell Titchell for Petitioners.

No appearance for Respondents.

Leonard S. Lurie for Real Parties in Interest.


McCOMB, J.

Petitioners (Harry, Richard and Donald Auslen) allege that respondents (the Superior Court of the City and County of San Francisco, the Superior Court of Sacramento County, and Judges Arnold and Henry of those courts) are simultaneously asserting jurisdiction over the same inter vivos trust. Petitioners seek a writ of prohibition restraining one or the other of respondent courts from proceeding further with respect to said trust. We have issued alternative...

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