Herbold

In the Municipal Court of the City of Los Angeles plaintiff- brought a personal action against the defendant for the sum of $515, for which amount he recovered judgment and which judgment, on appeal to the superior court, was affirmed. Thereupon the defendant took an appeal to this court from such latter judgment and plaintiff has presented his motion to dismiss the same.

It appears to be conceded by respective counsel that because of the fact that the defendant is a foreign corporation, doing business within this state, in the absence of any special statute to the contrary an action against such corporation for such an amount of damages as is claimed in the complaint herein may be maintained in the superior court located within any county in the state. (Waechter v. Atchison, T. & S. F. R. Co., 10 Cal. App. 70 [ 101 Pac. 41 ].)

It is also likewise conceded that had the cause of action upon which the complaint herein was founded arisen within the county of Los Angeles, the Municipal Court of the City of Los Angeles would have had exclusive jurisdiction of the action. But it is urged by. appellant that because the cause of action arose in Fresno County, within which no municipal…