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McAlvay v. Superior Court

California Court of Appeal · Docket No. 7991. · 1931-07-08 · Published · 2 P.2d 829 · 115 Cal. App. 391 · 1931 Cal. App. LEXIS 604

B.D. McAlvay v. the Superior Court of Los Angeles County

Outcome
writ denied — APPLICATION for a Writ of Mandate to compel the Superior Court of Los Angeles County, and John L. Fleming, Judge thereof, to issue a citation for contempt. Writ denied. The facts are stated in the opinion of the court.
Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

On petition for writ of mandate to require that respondent court issue its citation in a proceeding wherein certain persons are accused of an alleged contempt in relation to orders contained in a judgment of respondent court. [1] This court being of the opinion that the act of the accused persons in serving and filing notice of intention to move the court to set for trial the action numbered 209,683 (mentioned and described in the petition herein) is not sufficient to constitute a claim or assertion of any interest, title or equity in violation of the injunction contained in said judgment, it follows that the petition for writ of mandate should be and the same is denied.

A petition for a rehearing of this cause was denied by the District Court of Appeal on July 31, 1931, and an application by petitioner to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on August 31, 1931. *Page 393