La Mesa, Lemon Grove & Spring Vally Irrigation District v. Superior Court

Application for alternative writ of prohibition.

By the petition, it appears that there is pending an action commenced by the city of San Diego against petitioners in the Superior Court of San Diego County, which action on change of venue was transferred to respondent Superior Court of the county of Orange. Said action is to be tried on June 15, 1925, and, unless prevented by the issuance of an alternative writ of prohibition herein, respondent will proceed with the trial thereof. Petitioners have stated several grounds upon which they claim that respondent court is without jurisdiction to hear or determine said action.

Concerning the claim that there is such want of jurisdiction because the city of San Diego is not following the constitutional or statutory procedure for eminent domain, the specifications relating to those defects or errors of procedure raise questions relating, to the sufficiency of the complaint in the action. We think, however, that they do not affect the jurisdiction of respondent court to determine the questions thus presented.

Petitioners say that there is a want of jurisdiction because the provisions of section 1241 of the Code of Civil Procedure,…