Scott

Scott v. Superior Court

Good Law
108 Cal. App. 764·1930 Cal. App. LEXIS 240·292 P. 290
Court of Appeal of CaliforniaOctober 6, 1930Docket No. 7274.California434 words

Opinion

Lead Opinion

Craig, J.

The petitioner is a party to five certain actions pending in the Superior Court of Los Angeles County, entitled, respectively, Oak Knoll Tile Shop v. J. S. Atkins et al., C. A. Schoch v. J. S. Atkins et al., Pasadena Ornamental Iron Works v. J. S. Atkins et al., O. S. Purdy v. Marian Scott et al. and Arthur I. Knox v. Marian Scott et al. It is alleged that each suit is instituted for the foreclosure of a mechanic’s lien, and that the amount demanded therein is less than $2,000. The petitioner prays for a writ of prohibition restraining the Superior Court from proceeding to- hear and determine the issues, for the reason that the municipal court of the city of Los Angeles is invested with exclusive jurisdiction thereof.

The property sought to be charged with liens is situated in the county of Los Angeles, but within the city of Pasadena, and outside the immediate exclusive jurisdiction of the municipal court. Section 5, article VI, of the Consti tution, as amended by ratification of the people on November 6, 1928, provides in part that: “The superior courts shall have original jurisdiction in all civil cases and proceedings except as in this article otherwise provided, and except,…

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