Opinion
Docket No. S.F. 12825.
January 16, 1928.
APPLICATION for a Writ of Prohibition to restrain respondent from certain proceedings. Writ denied.
The facts are stated in the opinion of the court.
Joseph E. Bien and Werner Olds for Petitioner.
McCutchen, Olney, Mannon Greene for Respondents.
MEMORANDUM CASE.
THE COURT.
[1] Application for a writ of prohibition directing the respondent Superior Court to desist from further proceedings in an action brought to compel the petitioner here to submit a dispute or controversy to arbitration pursuant to the terms of the contract entered into before the present law on arbitration became effective. (Code Civ. Proc., secs. 1280 et seq., Stats. 1927, page 404.) The petition is denied on the authority of In the Matter of the Application of Berkovitz v. Arbib Houlberg, 230 N.Y. 261 [ 130 N.E. 288]; Red Cross Line v. Atlantic Fruit Co., 264 U.S. 109 [68 L.Ed. 582, 44 Sup. Ct. Rep. 174]. (All concur.)
Rehearing denied.
All the Justices concurred.