Chahal

Chahal v. Superior Court

Good Law
1999 Cal. App. LEXIS 641·73 Cal. App. 4th 399·86 Cal. Rptr. 2d 428·99 Daily Journal DAR 6887·99 Cal. Daily Op. Serv. 5420
Court of Appeal of CaliforniaJuly 6, 1999No. B130010California984 words

Opinion

Lead Opinion

*401 Opinion

The petition seeks to vacate a superior court order of March 2, 1999, transferring petitioner’s personal injury action to municipal court on the ground it could not result in a plaintiff’s verdict meeting the superior court’s $25,001 jurisdictional minimum.

The court issued notice to the parties of its intention to grant the peremptory writ in the first instance and gave real party in interest the opportunity to file plenary opposition to the petition.

Real party in interest informed the court by letter that it would not file any written opposition and that it submitted the matter on the basis of the factual allegations in the petition and its record.

We have determined that respondent committed a clear abuse of discretion. The issuance of an alternative writ and oral argument thereon would not contribute anything of significance and would only cause further delay in restoring plaintiff’s case to the proper trial court. (Alexander v. Superior Court (1993) 5 Cal.4th 1218, 1222-1223 [ 23 Cal.Rptr.2d 397 , 859 P.2d 96 ]; Ng v. Superior Court (1992) 4 Cal.4th 29, 35 [ 13 Cal.Rptr.2d 856 , 840 P.2d 961 ]; Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171,…

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