Holt v. Superior Court

THE COURT.

Respondent court herein contends that prohibition will not lie because it has not yet determined that it has jurisdiction to issue the preliminary injunction prayed for. However, we are satisfied that at this stage of

[404]

the proceedings wherein respondent court has issued a temporary restraining order and an order to show cause it thereby determined that it had jurisdiction of the subject matter and exercised that jurisdiction. Prohibition will therefore lie, under the facts here presented, to restrain the lower court from acting further in excess of its jurisdiction

(Rescue Army

v.

Municipal

Court, 28 Cal.2d 460, 465 [171 P.2d 8].)

Respondent court’s claim that the petition should be filed in the Supreme Court, which has jurisdiction of an appeal in this, an equity case, is answered by the following declaration of that court printed in the State Bar Journal, volume XXV, No. 2, March-April, 1950:

“Transfer of Original Proceedings by State Supreme Court.

“In line with its established policy of transferring appeals, the Supreme Court of California has announced that henceforth it will likewise transfer original proceedings to the District Courts of Appeal, with the following exceptions: (1) proceedings involving review of decisions of the Public Utilities Commission, (2) State Bar proceedings, (5) applications for supersedeas or other proceedings ancillary to a type of case which is normally retained, (4) habeas corpus, (5) coram nobis, (6) proceedings which involve matters of such public importance or urgency as to warrant immediate consideration by the Supreme Court, (a bare allegation of urgency or importance unsupported by surrounding and persuasive facts will not satisfy the requirement of this exception) and (7) applications which involve questions similar to those raised in cases pending before the court.

“It will therefore assist the court and at the same time expedite the consideration and disposition of original proceedings if they are filed in the first instance either in the Superior Court or the District Court of Appeal, both of which courts have concurrent jurisdiction with the Supreme Court in such matters.