Greene v. Superior Court

TRAYNOR, J.

— In February 1959 a Nevada court granted Mrs. Renee S. Greene a final decree of divorce from Clarence 0. Greene, petitioner herein. The decree incorporated a property settlement agreement of the parties, which provides among other things for payments to Mrs. Greene of $600 a month. In March of 1960 petitioner sought a modification of the Nevada decree in the Superior Court of San Joaquin County. He alleged that because of changed circumstances he was unable to make the $600 monthly payments and moved for an order pendente lite reducing the payments to $200 a month. By a default minute order of April 28, 1960, the motion to reduce the payments pendente lite was granted. On June 16, 1960, a motion for change of venue by Mrs. Greene was granted and the cause transferred to the Superior Court for the City and County of San Francisco. On July 20, 1960, Mrs. Greene moved in that court to vacate the order reducing the payments pendente lite. The motion was granted on the ground that the pendente lite order “was and is beyond the authority of the Court.” Petitioner sought a writ of prohibition or other appropriate writ to set aside the vacation of the order reducing the monthly payments and to restrain the

[405]

San Francisco court from proceeding further in the cause. We issued an alternative writ of prohibition.

It is contended that an appeal from an order vacating an appealable order is an adequate remedy.

(Colby

v.

Pierce,

15 Cal.App.2d 723, 724-725 [59 P.2d 1046].) The absence of another adequate remedy, however, was determined when we granted the alternative writ.

(City & County of San Francisco

v.

Superior Court,

53 Cal.2d 236, 243 [347 P.2d 294].)

After a change of venue a court of coordinate jurisdiction has the power to vacate the orders of the court of original venue.

(Ross