Community National Bank v. Superior Court

242 Cal.App.2d 770 (1966) COMMUNITY NATIONAL BANK, Petitioner,

v.

SUPERIOR COURT OF KERN COUNTY, Respondent; GEORGE E. JAMES, Real Party in Interest.

Civ. No. 664. California Court of Appeals. Fifth Dist.

June 13, 1966. Baker, Palmer & Wall and Stephen Wall for Petitioner.

No appearance for Respondent.

George E. James, in pro. per., for Real Party in Interest.

McMURRAY, J. pro tem. [fn. *]

Petitioner seeks a writ of prohibition to prevent issuance of a writ of execution or any further proceedings on a superior court judgment rendered after trial de novo on appeal from a judgment in a small claims court action. An order to show cause why such writ should not be granted was issued from this court.

[1a] The original affidavit in the small claims court was entitled, so far as is here pertinent, "George E. James Plaintiff v. Robert Parker President Community National Bank Defendant." The "Notice of Entry of Judgment" after hearing in the small claims court bears the same designation of the parties as do the "Notice of Appeal" and the "Judgment on Appeal from Justice Court on Trial De Novo," with the addition of commas in various places.

The superior court judgment, after citing the fact of judgment for plaintiff against defendant, Robert Parker, in the small claims court, goes on to state: [772]

"It Is Ordered, Adjudged And Decreed that defendant, Robert Parker, have judgment against plaintiff for costs of court herein."

"It Is Further Ordered, Adjudged And Decreed that the proper party defendant is the Community National Bank against whom plaintiff is hereby granted judgment in the sum of One Hundred Dollars ($100.00) plus costs of court."

At first impression, it would appear that the action of the superior court in giving judgment against the bank was beyond its jurisdiction since the bank, as such, does not appear to have been named as a defendant in the original action. However, it should be remembered that the small claims court is a court which functions informally and expeditiously. There are no attorneys, no pleadings and no legal rules of evidence. (Sanderson v. Niemann, 17 Cal.2d 563, 573-575 [110 P.2d 1025].) The action in such court is commenced by an affidavit which states a claim for money due from the defendant, with no indication of the nature of the claim. (Code Civ. Proc., 117a.)