GREAT-WEST LIFE ASSUR. CO. v. SUPERIOR COURT

Docket No. 33848.

271 Cal.App.2d 124 (1969)

76 Cal. Rptr. 284

GREAT-WEST LIFE ASSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HAROLD S. JONES et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

March 26, 1969.


Attorney(s) appearing for the Case

Adams, Duque & Hazeltine and Loyd P. Derby for Petitioner.

John D. Maharg, County Counsel, and Jean Louise Webster, Deputy County Counsel, for Respondent.

Douglas Fendler for Real Parties in Interest.


FILES, P.J.

This proceeding is here because neither the superior court nor the municipal court is willing to try a pending interpleader action, each court having concluded that the other has exclusive jurisdiction. A writ of mandate is an appropriate remedy for such an impasse. (St. James Church v. Superior Court (1955) 135 Cal.App.2d 352, 355 [287 P.2d 387].)

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