Anglo-California National Bank v. Superior Court

THOMPSON, J.

This is a petition for a writ of

mandamus

to require the Judge of the Superior Court of Glenn County to dismiss an action numbered 5520 which was filed in that county February 5, 1935, and which is now pending therein between C. V. and Carrie Seidell, plaintiffs, and Anglo-California Trust Company et al., defendants, the court having denied defendants’ application for a nonsuit and for judgment on the pleadings. The last suit was brought to cancel a trust deed and the foreclosure proceedings, which became the foundation of the litigation, on the ground that they are void. This writ is sought on the theory that a final judgment which was previously rendered in that county May 20, 1933, in a suit in unlawful detainer numbered 4992, between Edward F. Harris, plaintiff, who acquired the title to the real property on foreclosure sale thereof, and C. Y. and Carrie Seidell et al., defendants, is

res judicata

of the issues which are presented in the pending action.

The petitioner in this proceeding contends that the trial court abused its discretion in refusing to grant defendant’s motion for a nonsuit and for judgment on the pleadings in the action which is pending in the Superior Court of Glenn County, and that the writ should therefore issue.

We are of the opinion the writ should be denied for the reason that it is not the province of

mandamus

to correct errors of law which occur in the trial of a cause, and if the trial court erred in refusing to grant defendants’ motion for

[678]

a nonsuit and for judgment on the pleadings, those errors may be corrected on appeal.

(Reidy

v.

Superior Court,

220 Cal. 111 [29 Pac. (2d) 780];

People