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LONEY v. SUPERIOR COURT

Docket No. 24324.

160 Cal.App.3d 719 (1984)

206 Cal. Rptr. 769

CHARLES MILTON LONEY, Individually and as Personal Representative, etc., et al., Petitioners, v. THE SUPERIOR COURT OF NEVADA COUNTY, Respondent; THETA LONEY MONETA et al., Real Parties in Interest.

Court of Appeals of California, Third District.

October 2, 1984.

Attorney(s) appearing for the Case

COUNSEL

Wagner & Kirkman and Douglas E. Kirkman for Petitioners.

No appearance for Respondent.

Porter, Scott, Weiberg & Delehant and Mary F. LeVine for Real Parties in Interest.

OPINION

PUGLIA, P.J.

Charles Milton Loney and June Loney Marco (petitioners) seek an extraordinary writ directing respondent superior court to vacate its order striking their cross-complaint against real party in interest Louis Deadrich. (1a) The petition presents the issue whether Code of Civil Procedure section 428.50 authorizes a third party cross-complaint to be filed without leave of court after a trial date has...

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