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STATE OF CALIFORNIA v. SUPERIOR COURT

Docket No. 25491.

263 Cal.App.2d 396 (1968)

69 Cal. Rptr. 683

THE STATE OF CALIFORNIA, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; WILLEM DIRK RODENHUIS, a Minor, etc., Real Party in Interest.

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

June 24, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Leonard M. Sperry, Jr. and Robert L. Bergman, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

William A. Sullivan for Real Party in Interest.

TAYLOR, J.

This petition seeks a writ of prohibition restraining the trial court from proceeding to trial in a personal injury action after the court's denial of petitioner's motion for summary judgment.

The depositions in support of the motion for summary judgment disclosed the following uncontradicted facts: plaintiff, a two and one-half-year-old minor, had accompanied his mother and others to San Gregorio State Beach in San Mateo

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