Andrews v. Police Court of Stockton

GIBSON, C. J.

— This is an appeal from a judgment of the superior court denying a peremptory writ of mandate.

On June 20, 1935, appellant entered a plea of guilty in the respondent police court to a charge of contributing to the delinquency of a minor. Judgment was entered against him on such plea. In July, 1940, some five years later, appellant moved the respondent police court to “set aside and expunge” the complaint and judgment on the ground that under the Juvenile Court Act jurisdiction of the offense was in the superior court and that therefore the judgment entered in the respondent police court was void on its face. Six months after denial of the motion to vacate, appellant commenced this proceeding in mandamus in the superior court to compel the respondent police court to set aside its judgment. An alternative writ was issued but after hearing and consideration it was discharged and a peremptory writ was denied.

[480]

Appellant thereupon noticed this appeal from the judgment of the superior court denying a writ.

We find it unnecessary to determine whether, as urged by appellant, the judgment of the respondent police court is void on its face for lack of jurisdiction of the offense. Assuming such to be the case and that appellant’s motion to vacate was therefore timely, though made five years after entry, we cannot say that the superior court erred in this proceeding in denying a peremptory writ of mandate to compel the vacating of such judgment.

Mandamus may not be resorted to as a substitute for an adequate legal remedy by appeal or otherwise. (§ 1086, Code Civ. Proc.;

Irvine

v.

Gibson,

19 Cal.2d 14, 16 [118 P.2d 812] ;

McPherson

v.

City of Los Angeles,

8 Cal.2d 748, 752 [68 P. 2d 707]; 16 Cal.Jur. 787, § 19.) In

Petaluma etc. District