Trinidad Bean & Elevator Co. v. Superior Court

In an action commenced in the Superior Court of Los Angeles County against the petitioners herein praying judgment for an aggregate sum within the jurisdiction of said court, demurrers to four counts of the complaint which alleged demands for lesser amounts were overruled. The defendants thereupon petitioned for a writ of prohibition to restrain further proceedings in said action. It is averred by the petitioners that the complaint consisted of seven separate counts or causes of action, the first for an amount exceeding $10,000 and each of the others for sums less than $2,000; that the defendant corporation holds cross-demands some of which do not amount to $2,000 and are within the jurisdiction of the municipal court; and that said superior court is without jurisdiction to entertain the suit upon the aggregate amount, or to permit the assertion of said defenses.

It is not contended that any of the claims for less than $2,000 are improperly joined with the one exceeding $10,000, and since such joinder is permitted and it may be said even encouraged to prevent a multiplicity of suits, it is obvious that this could not be accomplished if petitioners’ contention were upheld, for the…