Harry H. Culver & Co. v. Superior Court

The petitioner asks that this court command the superior court to proceed with a certain cause pending therein. In addition to the superior court, the judge thereof, who has handled the cause so far, and the marshal and clerk of the Municipal Court of Los Angeles, are made parties respondent.

The alternative writ issued and respondents have demurred to the petition on the ground that the facts stated therein do not entitle petitioner to relief. This litigation began with an action in the said municipal court entitled Jens Henry Jensen, Plaintiff, v. Harry H. Culver & Company, Defendant, a Corporation (petitioner herein), in which the plaintiff asks the return of $1450 theretofore paid defendant as part payment on a contract to purchase real estate. The action is framed after the fashion of the common count. The complaint is denominated “Complaint—Money Had and Received” and sets up as an exhibit a notice to the defendant that plaintiff rescinds “such purchase” and offers to restore everything of value received and demands return of money paid, “Because of the willful and deliberate fraud and deception practiced upon me by your company in inducing me ... to enter into a contract…