The Williams Co. v. Superior Court

Caution
1929 Cal. App. LEXIS 793·97 Cal. App. 422·275 P. 838
Court of Appeal of CaliforniaMarch 8, 1929Docket No. 6319.California908 words

Opinion

Lead Opinion

Craig, J.

On or about February 13, 1928, the petitioner herein filed in the Superior Court of Los Angeles County an action for the principal sum of $925, alleged to have been theretofore earned in the city of Los Angeles as a commission upon the sale of real property, and due to the plaintiff, as assignee, from H. E. Yan Till, defendant therein. Answer was filed and the case brought to trial on September 24, 1928. The defendant objected to the introduction of any evidence upon the ground that the municipal court had exclusive original jurisdiction thereof since the cause of action arose within the boundaries of said city. The court sustained this objection and indicated its intention to dismiss the action. Thereupon the plaintiff instituted this proceeding, asserting that the jurisdiction of municipal courts is concurrent with that of the Superior Court in actions at law wherein the demand, exclusive of interest, is more than $300. The respondent herein demurred to the plaintiff’s petition upon the sole ground that it does not state facts sufficient to entitle the latter to the relief prayed.

Prohibition arrests proceedings of any tribunal exercising judicial functions, when such…

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