Johnston Gas Furnace Corp. v. Superior Court

It is made to appear herein that the petitioner commenced an action in the respondent court for the foreclosure of a mechanic’s lien in the sum of $524 on property situate outside of the limits of the city of Los Angeles. The respondent court has declined to set the cause for trial or to hear it on the ground that jurisdiction thereof is in the municipal court of Los Angeles, and has made its order dismissing the case. It is further set forth that there is certain money held by a mortgage company for the benefit of the owners and the lien claimants, which money can be disbursed by the company in the event that petitioner is put to its remedy by appeal, and that the property is in danger of being lost through the foreclosure of other liens during the period prior to the rendition of a decision on appeal. This proceeding seeks to compel the respondent court, by the writ of mandate, to restore the cause to the calendar and to try the cause.

We entertain no doubt concerning the jurisdiction of the respondent court to try the action. Section 5 of article VI of the Constitution says: “The Superior Court shall have original jurisdiction in all civil causes and proceedings except in this…