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Court of Appeal, Third District, California.

The COUNTY OF SACRAMENTO, a political subdivision of the State of California, Petitioner, v. SUPERIOR COURT of the State of California, IN AND FOR the COUNTY OF SACRAMENTO, Respondent; Altan T. OLSON, Ben G. Petrucci; Allan T. Olson and Ben G. Petrucci, Co-Partners doing business in the name and style of North American Waste Disposal Service, and NAWDSCO, a corporation, Real Parties in Interest.

Civ. 12164.

Decided: June 25, 1969

John B. Heinrich, County Counsel, Sacramento and Clyde Small, Redding, for petitioner. Colley & McGhee, by Nathaniel S. Colley, Sacramento, for real parties in interest.

Petition by County of Sacramento for writ of mandate to compel the Sacramento County Superior Court to set aside the judgment on the pleadings, and to direct said court to proceed to trial of the issues raised solely by the complaint in superior court action 156971, without awaiting the determination of the appeal now pending in this court, Cal.App., 79 Cal.Rptr. 140.[FN1]

For a history of the proceedings leading up to this petition see Cal.App., 79 Cal.Rptr. 140, Olson et al. v. County of Sacramento in which appeal a decision was this day filed. For the purpose of this proceeding, it is sufficient to say that because all the contentions raised in the petition herein were raised and decided in that appeal they cannot be litigated again herein.

The order to show cause is discharged and the petition for writ of mandate is denied.


1.  This is one of three matters considered together by this court, arising from a superior court action in which petitioners sought damages against the County of Sacramento for alleged wrongful breach of contract. The others are (1) Cal.App., 79 Cal.Rptr. 140, appeal from judgment on the pleadings as to the cross-complaint in the breach of contract action, and (2) Cal.App., 79 Cal.Rptr. 139, petition by respondents herein for writ of mandate to compel said superior court to annul its order allowing the filing of an amended cross-complaint made after judgment on the pleadings as to the cross-complaint and appeal therefrom.

BRAY, Associate Justice (assigned).

PIERCE, P.J., and REGAN, J., concur.