No. D071353.

15 Cal.App.5th 973 (2017)

SHAWN HIGGINS, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; FRANCISCA CABANDONG et al., Real Parties in Interest.

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

As modified September 28, 2017.

Attorney(s) appearing for the Case

Dinsmore & Shohl, Joseph Samuel Leventhal and Jessica G. Wilson for Petitioner.

No appearance for Respondent.

Gregory Jon Anthony for Real Party in Interest.


Francisca Cabandong filed the underlying action in May 2012 and served Shawn Higgins with a summons and third amended complaint in August 2016. In this writ proceeding, petitioner Higgins challenges the trial court's denial of his motion to dismiss real party in interest Cabandong's lawsuit on the basis that...

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