Lekse

The Municipal Court of Ventura County, Civil Division, (Municipal Court) appeals from a Superior Court of Ventura County (Superior Court) order mandating the Municipal Court to comply with certain directives relating to the underlying small claims action for past due rent of real parties in interest Greenwood and Snyder (Greenwood and Snyder) against Frank J. Lekse, Jr. (Lekse).

We agree that the small claims court acted in excess of its jurisdiction, and therefore affirm the order.

Procedural and Factual Background

Greenwood and Snyder sought to recover in small claims court from Lekse past due rent on a month to month tenancy for the four month period of December 1979 to April 1980 at $375 per month, for a total of $1,500. Since the jurisdictional amount in small claims court was limited to $750 under Code of Civil Procedure section 116.2, Greenwood and Snyder filed two separate complaints simultaneously in April, 1980—one to recover rent for December and January and the other for February and March.

Judgments by default were entered on both complaints on the same day in the amount of $750 each when Lekse failed to appear.

An earnings withholding order was issued…