The opinion
CARTER, J., Concurring.
I concur in the conclusion reached in the opinion prepared by the chief justice. In my opinion the Superior Court of Santa Barbara County had exclusive jurisdiction over all matters pertaining to the person and estate of the alleged incompetent person and was pursuing its jurisdiction in directing her guardian as to where and in what manner his ward should be maintained. The Superior Court of Santa Barbara County is open to the ward or anyone interested in her personal or financial welfare to seek a modification of the restrictions imposed upon the guardian for her maintenance, and anyone applying for a modification of said order has the right of appeal from any further or additional orders made by said Superior Court.
While it is true that the Superior Court of the City and County of San Francisco has jurisdiction to issue a writ of habeas corpus to anyone unlawfully detained within the city and county of San Francisco, such jurisdiction cannot be exercised to nullify an executory order made by the Superior Court of Santa Barbara County in a proceeding clearly within the jurisdiction of the latter court.
It is obvious that the granting of the writ of habeas corpus prayed for in the case at bar would result in an absurdity; that is, assuming that the Superior Court of the City and County of San Francisco granted the writ of habeas corpus prayed for, which would have the effect of releasing the incompetent person from the control of her guardian in San Francisco so that she could return to Santa Barbara county; such return would be in violation of the order made by the Superior Court of Santa Barbara County, and the latter *603 court would undoubtedly order the guardian to return the ward to the Greer Home in San Francisco; this would be in violation of the writ of habeas corpus issued out of the Superior Court of the City and County of San Francisco. The effect of each of these courts persisting in having their respective orders and writs executed would result in making a shuttle-cock out of the ward without either party being able to obtain relief by appeal, since the order instructing the guardian with respect to the maintenance of the ward has become final, and the order granting the writ of habeas corpus is not appealable.
To my mind the same rule should be applied here as was applied in the case of Gorman v. Superior Court, 23 Cal. App. (2d) 173 [ 72 Pac. (2d) 774 ], where it was held that the court first obtaining jurisdiction over the subject matter of an action and the parties thereto, had exclusive jurisdiction to proceed with the disposition of the action, and that a court of concurrent jurisdiction in which the same action was subsequently commenced should be restrained by a writ of prohibition from proceeding with the disposition of the case until the first Superior Court had exhausted its jurisdiction.
The instant case is not one where the Superior Court of Santa Barbara County has made a final determination of the subject matter of the proceeding before it, and thereby exhausted its jurisdiction, as said court still retains jurisdiction of said proceeding to enforce its order relating to the maintenance of the ward; such order is subject to modification from time to time by the Superior Court of Santa Barbara County, and there appears to be no question but that the interests of the ward will be amply safeguarded by permitting the Superior Court of Santa Barbara County to exercise exclusive jurisdiction in determining the place where and the manner in which said ward shall be maintained by her guardian.
I think it is obvious that a writ of prohibition should be granted restraining the Superior Court of the City and County of San Francisco from proceeding further with the habeas corpus proceeding therein.