Cambra

Cambra v. Justice's Court

Good Law
1935 Cal. LEXIS 565·4 Cal. 2d 445·49 P.2d 1121
Supreme Court of CaliforniaOctober 10, 1935L. A. 15301California700 words

Opinion

Opinion

Waste, J.

Petitioner seeks a writ of mandate directing the respondent court and the justice thereof to receive and file a complaint in a civil action, and in other ways to entertain and exercise jurisdiction of the cause of action therein stated. The respondents refused to permit the complaint to be filed, and this application for a writ followed.

The question squarely presented is whether the Superior Court of Orange County or the Justice’s Court of Santa Ana Township in that county, which is a “Class A justice’s court”, has jurisdiction of the subject-matter of the cause of action. Application for the writ was first made to the District Court of Appeal of the Fourth Appellate District, which, court ordered a writ to issue as prayed for. However, be cause the members of the bar throughout the state have professed ignorance and uncertainty concerning the correct application of legislation enacted in 1933 for the express purpose of settling, among other questions, the exact issue now raised, this court, while of the view that the District Court of Appeal was correct, took over the cause for final consideration and decision. We are satisfied the District Court of Appeal properly decided the…

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