Fermin

Fermin v. Municipal Court

Good Law
1962 Cal. App. LEXIS 2271·204 Cal. App. 2d 519·22 Cal. Rptr. 452
Court of Appeal of CaliforniaJune 11, 1962Civ. No. 20596California784 words

Opinion

Lead Opinion

Bray, J.

Petitioner appeals from an order of the San Francisco Superior Court denying his petition for writ of mandate. Petitioner appeared in that court, and appears here, in propria persona.

*520 The petition is directed against “Municipal Court, Department #3, Oakland, California.” Service was purported to have been made on the municipal court by serving the clerk of that court. The Attorney General of California was also served. Although contending that the state had not been sued in this action, nevertheless the Attorney General filed a demurrer on its behalf, specifying general grounds and also that if any cause of action existed against the state it was barred by section 644, Government Code. On the hearing of this demurrer, the court denied the petition. It is from this order that the appeal is taken.

As nearly as can be made out from a lengthy and confusing petition, petitioner claims that he is a resident of Nevada and that on September 3,1959, he received from an Oakland police officer a traffic citation for not having a valid California driver’s license; that the officer refused to recognize his Nevada driver’s license; that on showing “the Clerk of the City Hall,…

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