UNITED SHIPPERS, INC. v. SUPERIOR COURT

Docket No. 47544.

104 Cal.App.3d 359 (1980)

162 Cal. Rptr. 871

UNITED SHIPPERS, INC., Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; TRANSPORT CLEARINGS-BAY AREA et al., Real Parties in Interest.

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

March 10, 1980.


Attorney(s) appearing for the Case

COUNSEL

Jerrold N. Offstein, Jane C. Van Praag and Michael Weisberg for Petitioner.

No appearance for Respondent.

Adams, Duque & Hazeltine, James H. Fleming, John H. Brinsley, Robert M. Mitchell, Jones, Meiklejohn, Kehl & Lyons, Leslie R. Kehl, Feldman, Waldman & Kline, Leland R. Selna, Jr., George G. Weickhardt, Overton, Lyman & Prince, Carl J. Schuck, Frederick A. Clark, John D. McCurdy, Kent E. Whittaker, Terrence Ahern, Kirk H. Doan, Hillix, Brewer, Hoffhaus & Whittaker, Robert E. Gooding, Jr., Steven L. Mayer, Ann V. Brick and Howard, Prim, Rice, Nemerovski, Canady & Pollak for Real Parties in Interest.


OPINION

FEINBERG, J.

The facts are simple. Petitioner filed a complaint in the court below. Real parties in interest (real parties) demurred. The demurrer had a chequered history but, suffice it to say, that on January 15, 1979, it was argued. On January 19, 1979, the clerk of the superior court filed a dismissal of the action without prejudice, upon a written request therefor by petitioner...

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