What is the test for making a demand for a clerk's consent in a civil proceeding?
California, United States of America
The following excerpt is from Miller v. Hamm, 88 Cal.Rptr. 538, 9 Cal.App.3d 860 (Cal. App. 1970):
5 Normally a prior demand upon the clerk and his refusal must be shown. (Brown v. Superior Court (1925), Supra, 70 Cal.App. 732, 736--737, 234 P. 409.) Anticipated refusal of demand is normally not sufficient. (See Cal.Civil Writs, Supra, 5.23, p. 77, and cases cited.)
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