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COATES CAPITOL CORP. v. SUPERIOR COURT

Docket No. 24265.

251 Cal.App.2d 125 (1967)

59 Cal. Rptr. 231

COATES CAPITOL CORPORATION, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; MICHAEL STEPHEN HARVEY, JR., a Minor, etc., et al., Real Parties in Interest.

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

May 18, 1967.

Attorney(s) appearing for the Case

Hagar, Crosby & Rosson and Charles E. Berta for Petitioner.

No appearance for Respondent.

Robert M. Chefsky for Real Parties in Interest.

MOLINARI, P.J.

Petitioner corporation, defendant in a pending action for wrongful death, seeks a writ of prohibition preventing respondent court from proceeding further in the action and a writ of mandate ordering dismissal of the case. [1] The basis of the petition is that respondent court abused its discretion in denying petitioner's motion to dismiss the action for failure to serve and return summons within the

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