Cochrane v. Superior Court

McCOT, J, pro tem.

*

This is a proceeding for a writ of mandate commanding the Superior Court for Los Angeles County to enter its order transferring an action to the Municipal Court of the South Bay Judicial District. We have concluded that the writ must be granted.

On April 21, 1966, petitioner Gus Cochrane filed a complaint in the Municipal Court of the South Bay Judicial District against Arthur D. and Marty Schultz and others to recover the balance of $500 allegedly due him under the terms of an oral contract to furnish defendants labor, materials and services. The named defendants filed an answer denying liability, but did not make any counterclaims or file any cross-complaint. On November 10, 1966, defendants gave plaintiff notice that on November 21, 1967, they would “move the court that the above-entitled action be consolidated into one action for trial with SW C 8774, entitled Elastizell Concretes of California vs. Arthur D. Schultz and Associates, a limited partnership, in which Arthur D. Schultz and Associates have filed a cross-complaint named [sic] therein Gus Cochrane as a party cross-defendant, on the grounds that the suits involved arise out of the same transaction and that said

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consolidation can be accomplished without prejudice to any substantial right of the parties.” The minute order of the municipal court for November 30, 1966, reads: “Motion to Consolidate granted. Cause ordered transferred to Superior Court and consolidated for trial with case No. SW C8774.” When the required filing fees were paid the municipal court action was transferred to the Superior Court for Los Angeles County and filed as action number SW C 10363.

On July 6, 1967, petitioner moved the superior court to retransfer his action to the municipal court on the ground that the superior court did not have jurisdiction to hear and determine the action. The court denied the motion and made an order consolidating petitioner’s action number SW C 10363 with the then pending action number SW C 8774, entitled Elastizell v. Schwartz, for trial. Petitioner contends that in making his order and in retaining his action for trial the superior court exceeded its jurisdiction. We agree.

The jurisdiction of a court to hear and determine an action at law for the recovery of money depends on the amount claimed in the prayer of the complaint. (1 Witkin, Cal. Procedure (1954), Jurisdiction, § 13, p. 286.) Since the prayer of petitioner’s complaint in the municipal court is for $500 it is clear that that court is the only one having jurisdiction. (Code Civ. Proc., § 89.) In the absence of the filing of the counterclaim or cross-complaint for an amount in excess of its jurisdiction, a municipal court has no authority to transfer a case within its jurisdiction to the superior court. (See Code Civ. Proc., §§ 396, 396a.) When, in the absence of the filing of a counterclaim or cross-complaint, a municipal court transfers a ease within its jurisdiction to the superior court, the superior court has no alternative but to order the case transferred back to the municipal court since it has no jurisdiction to hear and determine the action. In such a situation the superior court to which the case has been transferred has no power to compel the plaintiff in the municipal court action to submit to its jurisdiction. (Cf.