Docket No. L.A. 31725.

36 Cal.3d 171 (1984)

RICHARD PALMA, Plaintiff and Appellant, v. U.S. INDUSTRIAL FASTENERS, INC., et al., Defendants and Respondents.

Supreme Court of California.

June 7, 1984.

Attorney(s) appearing for the Case


Lee G. Lipscomb, Brian D. Depew and Engstrom, Lipscomb & Lack for Plaintiff and Appellant.

David C. Werner, Douglas M. Degrave and Stockdale, Peckham, Estes & Werner for Defendants and Respondents.



We are called upon to consider the circumstances and procedure appropriate to the issuance, by an appellate court, of a peremptory writ of mandate in the "first instance," i.e., without prior issuance of an alternative writ.

Plaintiff in this negligence action appeals from a summary judgment for defendants which the trial court entered in obedience to such a peremptory writ from the Court of Appeal. The...

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