Berard Construction Co. v. Municipal Court

This is an appeal from an order of the superior court denying a petition for writ of mandate directed to respondent municipal court. Real party in interest B. Percin (hereinafter “plaintiff”) filed a complaint for breach of contract against appellants (“defendants”) in respondent municipal court. Defendants moved to quash service of summons on the ground that the court lacked jurisdiction over them, to dismiss the complaint on the ground of inconvenient forum, and for an award of attorney’s fees under Civil Code section 1717. The municipal court determined that defendants had no presence in or contacts with this state sufficient to subject them to personal jurisdiction. However, the court further held: “The request for attorney’s fee under CC 1717 by the defendants constitute [¿7c] a general appearance.” The claim of inconvenient forum was rejected and the motions were denied. Defendants sought a writ of mandate from the superior court directing the respondent municipal court to quash service of summons, but their petition was denied (without written opinion). Defendants appeal from the superior court judgment (denial of the petition).

Defendants’ Motion for Attorney’s…