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SIMMONS v. SUPERIOR COURT

Docket No. L.A. 25320.

52 Cal.2d 373 (1959)

341 P.2d 13

C.K. SIMMONS, Petitioner, v. SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; SANTA BARBARA ICE AND COLD STORAGE COMPANY (a Corporation) et al., Real Parties in Interest.

Supreme Court of California. In Bank.

June 24, 1959.

Attorney(s) appearing for the Case

Price, Postel & Parma, H. Clarke Gaines and Gerald S. Thede for Petitioner.

No appearance for Respondent.

Griffith & Thornburgh and Laselle Thornburgh for Real Parties in Interest.

TRAYNOR, J.

Petitioner commenced an action in the respondent court against the Santa Barbara Ice and Cold Storage Company and others. After the defendants' demurrer to a second amended complaint was sustained with leave to amend, a "Notice of Motion to Dismiss" was filed on the ground that petitioner had failed to amend his complaint within the time allowed by the court. The matter came on for hearing on August 27, 1956. Petitioner appeared at the hearing and stated...

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