Taliaferro

Petitioner appeals from a judgment discharging the alternative writ of mandate and dismissing Ms petition for writ of mandate.

*779 Questions Presented

1. Is this appeal moot?

2. Did petitioner have an adequate remedy at law?

3. May a corporation appear in the small claims court by an attorney who is its assistant secretary?

Record

In the small claims court of the San Pablo Judicial District of Contra Costa County petitioner filed an action entitled “Taliaferro v. California-Western States Life Insurance Company.” On March 14, 1958, the case was called for hearing. Petitioner appeared in propria persona. California-Western States Life Insurance Company, a corporation, the real party in interest in this proceeding, was represented by Joseph S. Heston, an attorney who is an assistant secretary of said corporation. Petitioner alleged that said Heston stated to the small claims court that he had neither personal knowledge of the facts nor were the corporation’s books and records kept under his personal supervision. On the ground that section 117g, Code of Civil Procedure, provides, “No attorney at law or other person than the plaintiff and defendant shall take any part in the…