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McCLENNY v. SUPERIOR COURT

Docket No. L.A. 27957.

62 Cal.2d 140 (1964)

396 P.2d 916

41 Cal. Rptr. 460

JAMES R. McCLENNY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FARMERS AND MERCHANTS TRUST COMPANY OF LONG BEACH, as Special Administrator, etc., et al., Real Parties in Interest.

Supreme Court of California. In Bank.

December 8, 1964.

Attorney(s) appearing for the Case

Brock & Shapero, Edwin S. Saul and Martin M. Shapero for Petitioner.

No appearance for Respondent.

James A. Hayes, John D. Miller and Clyde L. Bronn for Real Parties in Interest.

DeMeo, DeMeo, Foster & Waner and J.N. DeMeo as Amici Curiae on behalf of Real Parties in Interest.

TOBRINER, J.

In this proceeding James R. McClenny, defendant in a divorce action initiated by Dora S. McClenny, now deceased, filed his petition for a writ of mandate to compel the termination of a receivership currently holding the McClennys' property and for a writ of prohibition to prohibit the Superior Court of Los Angeles County from proceeding to try title to such property. For the reasons hereinafter set out we hold that the writs should be denied.

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