Henderson v. Superior Court of L.A. Cty.

By writ of review petitioner seeks to have an order made by the superior court annulled. The action of the court which it is claimed was in excess of jurisdiction consisted in the making of an order permitting an amendment to be made in a complaint as to the name of the party plaintiff. An action was brought in a justice’s court, the plaintiff there being designated as “United Mercantile Association.” Plaintiff alleged in the first paragraph of its complaint: “That it is an individual doing business under the fictitious name and style of the United Mercantile Association, and that it has complied with section 2466 of the Civil Code of the state of California.” The section referred to, which was amended in 1911 (Stats. 1911, p. 440), requires that where a person is doing business under a fictitious name he must file with the clerk of the county a certificate showing his name in full and place of residence, and also publish the same for a specified period of time in a newspaper in the county. The section following provides that no such person shall maintain an action upon any account or contract made until the certificate has been filed and published. The action went to trial in the…