Does the writ of prohibition exist as a remedy in a civil case?

California, United States of America


The following excerpt is from Mitchell v. Superior Court In and For City and County of San Francisco, 313 P.2d 170 (Cal. App. 1957):

It does not necessarily follow that the writ of prohibition is available as a remedy in such a case. 'Experience has shown that most of the meritorious defenses are sustained and most of the unsubstantial constitutional or other objections are weeded out at the proper time on the proper showing during the trial or on appeal. These remedies are therefore considered adequate in the usual situations. If this were not so, then whenever jurisdiction is challenged prohibition would lie and the trial of the case would be interrupted until the reviewing court passed upon the intermediate question and appellate courts in many cases would be converted into nisi prius courts.' Rescue Army v. Municipal Court, 28 Cal.2d 460, 466, 171 P.2d 8, 12.

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