Southern Pacific Transportation Co. v. Superior Court

This petition for a writ of prohibition is directed to an order of the Superior Court of Solano County permitting a jury trial in a suit for damages brought under Code of Civil Procedure section 871.1 et seq. by a good faith improver of land owned by petitioner. Real parties filed a complaint alleging that they occupied Southern Pacific property along the Vallejo waterfront for many years and that they made land-fill improvements in good faith belief that they owned the land. Real parties’ action was brought pursuant to Code of Civil Procedure section 871.1 et seq., which permits damages and/or other relief to persons who, in good faith, improve property owned by others. Real parties’ motion for a jury trial was granted by the Superior Court of Solano County. A writ application by petitioner/defendant, seeking to prohibit trial by a jury, is now before us. The sole issue is the propriety of the granting of the jury trial. Prohibition is the proper proceeding to determine that issue. (See Pacific Tel. & Tel. Co. v. Superior Court, 265 Cal.App.2d 370 [ 72 Cal.Rptr. 177 ].)

Petitioner contends that the good faith improver action originated in courts in equity and that the…