Schweiger v. Superior Court, 476 P.2d 97 (1970)

Citation: Schweiger v. Superior Court, 476 P.2d 97 (1970)
Parent Document: Schweiger v. Superior Court, 476 P.2d 97 (1970)
Jurisdiction: California (state)
Effective Date: 1970-11-10
Original Source: https://www.courtlistener.com/opinion/2610738/schweiger-v-superior-court/ ↗

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In Carter v. Superior Court (1956) 142 Cal.App.2d 350, 359 [298 P.2d 598], a writ of mandate was issued to compel the respondent superior court to entertain a crucial defense it had erroneously stricken from the defendant’s pleadings. The court found that the excluded plea, if proven, *518would have compelled a judgment for defendant and therefore the superior court abused its discretion in striking the defense. Similarly, in Nelson v. Superior Court (1950) 97 Cal.App.2d 78 [217 P.2d 119], the lower court was directed to file a cross-complaint in an opinion concluding (at p. 80): “Mandamus is to be used to compel a court to give a full hearing to the case before it, not as to how it should rule with respect to the merits of the case.” To the same effect is Marr v. Superior Court (1939) 30 Cal. App.2d 275, 279 [86 P.2d 141]. (Cf. Sampsell v. Superior Court (1948) 32 Cal.2d 763, 770 [197 P.2d 739]; Miller v. Municipal Court (1943) 22 Cal.2d 818, 851-852 [142 P.2d 297].)

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