The Classroom Teacher, Inc. v. Superior Court

The Classroom Teacher, Inc., a foreign corporation, commenced an action in the Justice’s Court of Glenn County to recover from defendant a balance due for books sold upon a written contract. Defendant appeared by demurrer, and at the same time demanded that plaintiff file an undertaking in the sum of $100 as security for costs, as provided in section 1036 of the Code of Civil Procedure. Upon refusal to comply with such demand within thirty days, judgment of dismissal was entered against the plaintiff.

An appeal was thereupon taken by plaintiff to the superior court upon the question of law thus tendered, and upon the hearing thereof, the judgment of dismissal by the justice court was sustained. Thereupon The Classroom Teacher, Inc., as plaintiff brought this petition to review the order and proceedings of the superior court and asks that the same be annulled.

Section 1036 of the Code of Civil Procedure reads as follows: “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, security for costs and charges, which may be awarded against such plaintiff, may be required by the defendant. When required, all proceedings in the…