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County of Sacramento v. Superior Court

Citations: 274 Cal. App. 2d 315; 79 Cal. Rptr. 139; 1969 Cal. App. LEXIS 2055Docket: Civ. No. 12164

Court: California Court of Appeal; June 25, 1969; California; State Appellate Court

Narrative Opinion Summary

In this case, the County of Sacramento sought a writ of mandate to compel the Sacramento County Superior Court to vacate its judgment on the pleadings in a breach of contract action and proceed to trial without waiting for the outcome of a pending appeal. The petition was part of a larger legal dispute involving three related cases, including an appeal from judgment on the pleadings concerning a cross-complaint and a petition to annul an order for an amended cross-complaint filed post-judgment. The court denied the petition for a writ of mandate, citing that the issues raised had already been addressed in a related appeal (Olson v. County of Sacramento), thus precluding re-litigation under the principles of res judicata. Justices Pierce and Regan concurred in discharging the order to show cause and denying the petition, thereby affirming the superior court's prior determinations. The outcome emphasized the finality of the decisions made in the related appeal, effectively barring further proceedings on the same matters in the trial court.

Legal Issues Addressed

Denial of Petition and Discharge of Order to Show Cause

Application: The court discharged the order to show cause and denied the petition for writ of mandate, affirming the decisions made in the related appeal.

Reasoning: Consequently, the order to show cause is discharged, and the petition for writ of mandate is denied, with concurrence from Justices Pierce and Regan.

Res Judicata and Issue Preclusion

Application: The court found that all contentions in the current petition had already been addressed and decided in a related appeal, preventing re-litigation of those issues.

Reasoning: The document references a related appeal (3 Civil 12223, Olson v. County of Sacramento) where all contentions in the current petition were previously addressed and decided, indicating that they cannot be re-litigated.

Writ of Mandate Requirements

Application: The County of Sacramento's petition for a writ of mandate was denied because the issues had already been addressed in a related appeal, and thus, the writ was not warranted.

Reasoning: Petition filed by the County of Sacramento seeks a writ of mandate to compel the Sacramento County Superior Court to vacate its judgment on the pleadings and order the court to proceed to trial on the issues raised in superior court action 156971, without waiting for the outcome of the pending appeal (3 Civil Number 12223).