EVANS v. SUPERIOR COURT IN AND FOR COUNTY OF LOS ANGELES (1936)

District Court of Appeal, Second District, Division 2, California.

Hugh EVANS and Gordan Whitnall, Petitioners, v. The SUPERIOR COURT of the State of California IN AND FOR the COUNTY OF LOS ANGELES, Respondent.

Civ. 11056.

Decided: June 24, 1936

W. L. Pollard and S. L. Kurland, both of Los Angeles, for petitioners. Olson & Olson (by Richard C. Olson), of Los Angeles, for respondent.

Petitioners seek a writ of mandate to compel respondent to dismiss a certain action entitled L. H. Booker, as owner of shares of beneficial interest in said Diversified Real Estate Investments Trust No. 2, an Unincorporated Trust, v. Hugh Evans & Company, a Corporation, et al., said action being No. 336381 in the files of respondent court.

On a similar set of facts we have this day decided in the case of Evans v. Superior Court, 59 P.(2d) 159 the identical question of law involved in the instant case.

Therefore, on the authority of Evans v. Superior Court, supra, the petition is denied and the alternative writ is dismissed.

McCOMB, Justice pro tem.

We concur: CRAIL, P. J.; WOOD, J.

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