Pearson v. Akopiantz

DOOLING, J.

On January 24, 1958, L. Pearson filed suit in the municipal court against Levon A. Akopiantz for $1,466.30, alleging that defendant had become indebted in that amount to plaintiff’s assignors, J. Albert Hutchinson and Sante Quattrin, for the reasonable value of their professional services as attorneys at law. The defendant filed an answer and counterclaim against plaintiff and a cross-complaint against J. Albert Hutchinson averring that cross-defendant had repudiated a written contract of employment, thereby damaging defendant in the amount of $21,980. The defendant moved for court orders bringing in cross-defendant as a necessary party and transferring this cause to the superior court on the ground that the defendant’s claim against cross-defendant exceeded the municipal court jurisdiction. (Code Civ. Proe., § 396.) The plaintiff moved for summary judgment. On May 27, 1958, the court denied defendant’s motions and granted summary judgment. From these orders and judgment defendant appealed to the appellate department of the superior court, whereupon, in a judgment filed and entered on December 8, 1958, that court reversed the orders granting summary judgment and denying motion to transfer without mentioning the denial of the motion to bring in a new party. Following transfer to the superior court cross-defendant was served with a summons to answer the cross-complaint on February 24, 1959. Cross-defendant, appearing specially, moved for an order quashing said service of summons on the ground that it had been issued without authority or jurisdic

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tion, inasmuch as defendant’s motion to bring in cross-defendant as a new party had theretofore been denied by an order which had since become final. The court granted this motion to quash, in an order filed March 12, 1959. Prom this order defendant now appeals.

Under the circumstances of this case the order granting the motion to quash service of summons on the ground that the order denying the defendant’s motion to bring in respondent as a cross-defendant had become final was a final determination as to appellant’s right to proceed against cross-defendant and therefore appealable.

(Halterman

v.

Pacific Gas & Elec. Co.,