Behrens

Behrens v. Superior Court

Good Law
132 Cal. App. 704·1933 Cal. App. LEXIS 508·23 P.2d 428
Court of Appeal of CaliforniaJune 22, 1933Docket No. 4960.California978 words

Opinion

Lead Opinion

Plummer, J.

This cause is before us upon a petition for a writ of certiorari to be directed to the above-named Superior Court, for the purpose of reviewing a certain judgment entered in said court wherein one J. E. Pauly was plaintiff and A. H. Behrens, G & PI Commercial' Service, Inc., and Fred M. Harter and Bruce Goodman were defendants.

It appears from the petition and return that on or about the twelfth day of May, 1932, an action was begun in the Justice’s Court of Camptonville Township, County of Yuba, by J. E. Pauly against the petitioners herein. Judgment went for the plaintiff Pauly against the petitioners in the action just referred to, and upon appeal to the Superior Court of the County of Yuba, the judgment of the justice’s court was affirmed.

Upon this hearing it is contended that neither the justice’s court nor the superior court had jurisdiction of the action by reason of the alleged failure of the complaint to state a cause of action against the petitioners herein. The complaint in the justice’s court in the action referred to herein is as follows, to wit:

The record further shows that the petitioners in the action referred to, upon appearing, moved for a change of venue,…

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