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BAY AREA RAPID TRANSIT v. SUPERIOR COURT

Docket No. 49359.

113 Cal.App.3d 1018 (1980)

170 Cal. Rptr. 390

BAY AREA RAPID TRANSIT DISTRICT, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; GERALDING M. ELLIOTT et al., Real Parties in Interest.

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

December 24, 1980.

Attorney(s) appearing for the Case

COUNSEL

Sedgwick, Detert, Moran & Arnold, Stephen W. Jones and Scott Conley for Petitioner.

No appearance for Respondent.

R. Lewis Van Blois, Hinton & Van Blois, Robert D. Barbagelata, Barbagelata, Carmazzi, Del Bino & Renati, Jeffrey Sykes, Davis, Cowell & Bowe, Naphan, Glassford & Sykes, Joseph P. McMonigle and Long & Levit for Real Parties in Interest.

OPINION

MILLER, J.

Petitioner, Bay Area Rapid Transit District, a public entity established under Public Utilities Code section 28500 et seq. (hereafter BART), seeks a writ of mandate to compel respondent superior court to set aside orders overruling BART's demurrers in three separate actions pending in respondent court. BART contends that the fireman's rule is a bar to the causes of action stated.1

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