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RUBY v. SUPERIOR COURT OF CITY AND COUNTY OF S.F.

Docket No. 14973.

104 Cal.App.2d 175 (1951)

230 P.2d 860

DONOVAN RUBY et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

Court of Appeals of California, First District, Division One.

May 15, 1951.

Attorney(s) appearing for the Case

Donovan Ruby, Helen Ruby and John P. Andrews, in pro. per., for Petitioners.

Herbert Pothier, Marcel E. Cerf, Robinson & Leland for Respondents.

THE COURT.

[1] This court denied the petition for an alternative writ of mandate because we were of the opinion that mandate could not control the refusal of the trial court to substitute John Andrews as one of the parties plaintiff. We are still of that opinion. The trial court interrogated the alleged assignee, a layman, and came to the conclusion that he was merely being brought into the case so that he could, in the guise of appearing in propria persona...

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