McCann v. Union Bank & Trust Co.

California Supreme Court Jun 28, 1935 No. L. A. 15219Published

Before: Thompson

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Holding. The court held that it lacks jurisdiction to issue a writ of supersedeas or an injunction to stay the enforcement of a municipal court judgment pending an appeal from a superior court order that had already denied the same injunctive relief.

Issues

Does an appellate court have jurisdiction to issue a writ of supersedeas to stay proceedings on a judgment from which no appeal is pending before that court?
Does an appellate court have the inherent power to issue an injunction to stay the enforcement of a lower court judgment pending an appeal from an order denying such an injunction?

Disposition. denied

Quotations verified verbatim against the opinion

“This court has no jurisdiction to issue a writ of supersedeas in such a case.”

“This court has repeatedly denied the existence of original jurisdiction in injunction matters, refusing on that ground to grant temporary injunctive relief pending appeals from orders denying an injunction”

“In so far as it is inconsistent herewith Martin v. Rosen, supra, is overruled.”

[25]

THOMPSON, J.

The plaintiffs, Frank and Corinne Mc-Cann, have made application to this court for a writ of

supersedeas

and an order restraining the enforcement of a judgment obtained against them in the municipal court of the city of Los Angeles by the Union Bank and Trust Company pending the determination of an appeal from an order made by the superior court in Los Angeles County in another action between the sames parties.

On April 6, 1933, the bank filed a complaint in unlawful detainer in the municipal court. On January 31, 1935, pursuant to a

remittitur

from the appellate department of the superior court, a judgment was entered against the McCanns and in favor of the bank for restitution of the premises. From this judgment the plaintiffs attempted to appeal but their undertaking was held insufficient.

On May 1, 1933, the plaintiffs instituted an action in the superior court to quiet title and for declaratory relief with respect to a deed of trust. The same real property is the subject of both actions and the parties are the same. The bank answered and also filed a cross-complaint in ejectment. This action was tried and submitted for decision on September 11, 1934. It is still under submission and undecided. The McCanns applied to the superior court for an injunction and an order restraining further action in the municipal court in enforcement or execution of the judgment in the unlawful detainer action, which application was denied on February 27, 1935. From the order denying that motion an appeal has been taken and is now before this court.

The petition under consideration seeks to obtain from this court, pending the determination of the correctness of the action of the court below, the relief denied by the superior court, a stay of execution on the judgment of the municipal court. This court has no jurisdiction to issue a writ of

supersedeas

in such a case. The operation of that writ is limited to the issuance thereof by an appellate court in aid of its appellate jurisdiction to stay proceedings on the judgment or order from which the appeal is taken.

McCann v. Union Bank & Trust Co.

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THOMPSON, J.

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