Chanitz v. Superior Court
Chanitz v. Superior Court
Opinion of the Court
This is a petition for a writ of prohibition commanding the respondent court to desist from any further proceedings, as against the petitioners, in a divorce ease pending in that court.
In the case of June Nelson v. Norman B. Nelson a final decree of divorce was entered on May 13, 1948. On May 22, 1951, June Nelson filed an affidavit stating that certain amounts were due her under the decree; that Norman B. Nelson owns an interest in a cocktail bar known as the “Blue Pacific”; and that these petitioners also claim an interest in that business, claiming a partnership with Nelson. The affidavit prayed for a judgment against Nelson; and that a receiver be appointed to take possession of Nelson’s property and dispose of sufficient to meet her claim, or that the court charge the interest of Nelson in this partnership, if any, with said amount.
While the order directing the receiver to take possession of and operate the entire business in question exceeded any relief supported by or prayed for in the affidavit, prohibition is here sought only with respect to future proceedings. The petitioners are now ordered to show cause why the entire business should not be sold in the divorce proceedings. It cannot be assumed that the court will order a sale of this business, in its entirety, if any reasonable showing is made that the petitioners own some interest in it. And it cannot be assumed that the court would attempt, in the divorce proceeding, to try the issues raised by the dissolution of partnership action, or attempt to place on these petitioners the burden of proving the exact extent of their interests in the business. If, upon the hearing of the order to show cause, an improper order should be entered another application for a writ may be made.
The petition is denied.
Mussell, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.