BROWN v. SUPERIOR COURT

Docket No. 1419.

15 Cal.App.3d 187 (1971)

93 Cal. Rptr. 33

RUBEN BROWN et al., Petitioners, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; KENNETH A. MATTERN et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

February 11, 1971.


Attorney(s) appearing for the Case

COUNSEL

Raymond, Noriega & Clifford and James E. Brown for Petitioners.

No appearance for Respondent.

DiGiorgio, Davis, Hastin & Klein and Thomas R. Davis for Real Parties in Interest.


OPINION

GARGANO, J.

Petitioners seek a writ of prohibition to prevent further proceedings in the action which was brought against them in the court below, or, in the alternative, a writ of mandate to compel respondent court to enter a summary judgment in their favor. Because there are no triable issues of fact, and because we conclude that the trial court was in error in denying petitioners' motion for a summary judgment, we grant...

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