Balconades Ballroom, Inc. v. Superior Court

This is an original proceeding in mandamus to require the respondent court to proceed with the trial on its merits of an action instituted in that court by petitioner. The respondent has appeared by demurrer and answer, but has submitted the latter without proof, hence we may confine our discussion to the points of law involved.

Petitioner is a Nevada corporation incorporated in that state on May 14, 1928. On that date certain individuals residing in California delivered to petitioner at Lovelock, Nevada, a written assignment of personal property including a chose in action. On October 8, 1928, the petitioner duly qualified under the laws of this state to do corporate business in California. On May 24, 1929, it commenced an action in the Superior Court in and for the City and County of San Francisco to recover upon the chose in action above mentioned. The cause was set for trial before a jury and after the plaintiff had presented a portion of its evidence the defendants moved to dismiss the action upon the grounds that the court was without jurisdiction and that the plaintiff did not have legal capacity to sue. The motion was granted on the first ground only and, lest it be…