MH Golden Etc. Co. v. Superior Court of Imperial County

California Court of Appeal Aug 8, 1950 No. Docket Nos. 4216, 4220Published

Before: Mussell

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Holding. The court held that the Superior Court of San Diego County acquired exclusive jurisdiction over the controversy because it was the first tribunal to serve process on the defendant, and therefore it is entitled to proceed to the exclusion of the Imperial County action.

Issues

Whether the Superior Court of San Diego County has jurisdiction to proceed with the action filed in that county.
Which court has priority when two tribunals have concurrent jurisdiction over the same parties and subject matter.

Disposition. Peremptory writ issued; alternative writ discharged.

Quotations verified verbatim against the opinion

“The summons in the San Diego action having been served prior to that issued in Imperial County, the San Diego court first acquired jurisdiction of the controversy involved in the two actions before us and may dispose of the whole thereof.”

“The rule is that where two tribunals have concurrent jurisdiction over the same parties and subject matter, the tribunal in which jurisdiction first attaches is entitled to retain it exclusively”

MUSSELL, J.

On April 17, 1950, Golden Construction Company, as plaintiff, filed an action in San Diego County in which a money judgment and declaratory relief was sought against El Centro Properties, Inc. Summons was issued and served on the defendant corporation on the following day. El Centro Properties, Inc., appeared in the action, filed a demurrer and various motions. The demurrer was overruled, the motions were denied and the defendant then filed an answer and cross-complaint. After an answer was filed to the cross-complaint, the matter was set for trial before a jury in the Superior Court of San Diego County.

On March 20, 1950, an action was filed in the county of Imperial by certain stockholders of El Centro Properties, Inc., against the Golden Construction Company in which the plaintiffs alleged that the corporation had failed to take court action for the protection of itself and its stockholders and that such action was filed as a derivative action in behalf of the cor

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poration. The summons was issued at the time the action was filed but was not served on the defendant, Golden Construction Company, until April 21, 1950, three days after the service of the summons in the San Diego action.

On May 5, 1950, the Superior Court in Imperial County appointed a receiver, who took charge of certain real property in that county belonging to the El Centro Properties corporation.

On May 20, 1950, plaintiff in the Imperial County action filed a third amended complaint to which the defendants interposed their demurrer, setting up therein the pendency of another action between the said parties for the same cause, namely: the action then pending in San Diego County. At the same time the Golden Construction Company filed notice of motion to abate the proceedings in Imperial County and to discharge the receiver. Defendants’ demurrer was overruled and the motion to abate the proceedings and to discharge the receiver was denied.

The Golden Construction Company then on June 27, 1950, filed its petition herein for a writ to prohibit the Superior Court in Imperial County from taking any further proceedings in the action in that county. El Centro Properties on July 10,1950, filed its petition herein to restrain the Superior Court in San Diego from taking any further proceedings in the action therein pending.

MH Golden Etc. Co. v. Superior Court of Imperial County

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MUSSELL, J.

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