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KIRBY v. SUPERIOR COURT

Docket No. 26974.

275 Cal.App.2d 975 (1969)

80 Cal. Rptr. 381

EDWARD J. KIRBY, as Director, etc., Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; GIL MAR CLUB, INC., Real Party in Interest.

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

August 29, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, and Dennis M. Eagan, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

di Leonardo, Blake, Kelly, Aguilar & Leal and Robert L. Blake for Real Party in Interest.

ELKINGTON, J.

[1] The sole issue before us is stated by the real party in interest as "The Legislature, by virtue of the enactment of section 23090.5 of the Business and Professions Code, has unconstitutionally curtailed the jurisdiction of the superior court to issue writs of mandamus."

This question has been resolved by the case of Department of Alcoholic Bev. Control v. Superior Court, 268 Cal.App.2d 67

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