Auto Equity Sales, Inc. v. Superior Court

Bad Law

1962 Cal. LEXIS 186·20 Cal. Rptr. 321·57 Cal. 2d 450·369 P.2d 937

Supreme Court of CaliforniaMarch 22, 1962S. F. No. 20843California4,195 words

Opinion

lead Opinion

Peters, J.

Petitioners seek certiorari to review a decision of the appellate department of the superior court that vacated an order of the municipal court granting petitioners a new trial on the ground that the municipal court was without jurisdiction to grant the new trial. On this certiorari proceeding, it is contended that the appellate department of the superior court exceeded its jurisdiction in vacating the order granting the new trial. With this contention we agree.

The facts giving rise to this controversy are as follows: On December 20, 1960, a verdict for the plaintiff was returned in the municipal court action of Hesenflow v. Auto Equity Sales, Inc. The next day, on December 21, 1960, the defendants in that action, petitioners here, moved for a judgment notwithstanding the verdict, reserving the right to later move for a new trial. On January 23, 1961, defendants filed a notice of intention to move for a new trial. On February 17, 1961, judgment for the plaintiff was entered, and on March 2, 1961, defendants’ motion for a new trial was granted. Plaintiff appealed to the appellate department of the superior court. That court vacated the order granting a new trial.

Whether the…

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Parties

AUTO EQUITY SALES, INC.
Plaintiff
THE SUPERIOR COURT OF SANTA CLARA COUNTY RICHARD E. HESENFLOW
Defendant

Judges

Peters

Cites (46)

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52 Cal. 2d 373
20 Cal. 2d 375
17 Cal. 2d 280
45 Cal. 56
104 Cal. App. 2d 336
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192 Cal. App. 2d 615
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28 Cal. 2d 509
<em>Thisby, 131 </em>Cal. 572
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