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OPTICAL SURPLUS, INC. v. SUPERIOR COURT

Docket No. B049894.

228 Cal.App.3d 776 (1991)

279 Cal. Rptr. 194

OPTICAL SURPLUS, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MARTIN NISKAR, Real Party in Interest. MARTIN NISKAR, Plaintiff and Respondent, v. MBS OPTICS, INC., et al., Defendants and Appellants; TERRANCE R. McKNIGHT, Objector and Appellant.

Court of Appeals of California, Second District, Division One.

March 19, 1991.

Attorney(s) appearing for the Case

COUNSEL

McKnight & Osborne, Terrance R. McKnight and Jane M. Osborne for Petitioner, Defendants and Appellants, and Objector and Appellant.

No appearance for Respondent Superior Court.

Cooper, Epstein & Hurewitz, Barry E. Mallen and Thomas L. Taylor III, for Real Party in Interest and Plaintiff and Respondent.

OPINION

DEVICH, Acting P.J.

INTRODUCTION

In this case, the trial court not only erred in denying a motion which should have been granted, it also imposed sanctions against the moving party, a codefendant which had not joined in the motion, and their attorney.

MBS Optics, Inc. (MBS), Optical Surplus, Inc. (Optical), and their attorney, Terrance McKnight (collectively appellants), appeal from the trial court's order...

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