Clark v. Superior Court

Petitioner is the defendant in a small claims action brought against her by real party in interest, a dentist, pursuant to the provisions of section 116 et seq. of Code of Civil Procedure to recover his fee for services, and judgment has been entered against her in the sum of $500. She appealed to the superior court pursuant to the provisions of section 117.8 and seeks review by extraordinary writ of an order of respondent court denying her motion for a continuance to allow the commencement of an action for malpractice against real party and for an order consolidating the actions for trial.

Although this court does not ordinarily interfere in matters arising in the small claims court, there is precedent for intervention in extraordinary situations requiring review of important issues (Davis v. Superior Court (1980) 102 Cal.App.3d 164, 168 [ 162 Cal.Rptr. 167 ]).

Code of Civil Procedure section 116.2 provides that “The small claims division shall have jurisdiction in actions: (a) For recovery of money only where the amount of the demand does not exceed seven hundred fifty dollars ($750);.. .”

Code of Civil Procedure section 116.8 provides “.. .(b) If defendant has a…