Burnett v. Hoover Ball & Bearing Co.

[614]

WOOD (Parker), J.

Plaintiff’s two alleged causes of action were in substance as follows: First, that plaintiff was a distributor of defendant’s products under a written agreement, and defendant terminated the relationship without giving plaintiff sixty days ’ notice as required by the agreement, to plaintiff’s damage in the sum of $600 for loss of profits; and that defendant removed all of its consigned products from plaintiff’s place of business and thereby damaged plaintiff in the sum of $3,500, the reasonable value of his business. Second, that defendant did not give plaintiff credit for a part of the products repossessed by defendant, to plaintiff’s damage in the sum of $116.40. The prayer was for $4,216.40.

Defendant’s motion to strike out plaintiff’s allegations relative to the $3,500 for loss of the business was granted. Defendant denied the other allegations, and alleged a counterclaim of $305.98 for merchandise sold.

After the order was made striking out the $3,500 item, plaintiff filed an amendment to the complaint claiming $195.83 as commissions, and amended the prayer by omitting the $3,500 and including the $195.83. As amended the prayer was for $913.23.

Defendant appeals from the judgment in favor of plaintiff for $750.

The order having been made striking out the claim for $3,500, and the prayer having been amended to demand $913.23, the subject matter of the action was then not within the jurisdiction of the superior court.

(Jacobson

v.

Superior Court,

[1936] 5 Cal. (2d) 170, 174 [53 P. (2d) 756].) Since a judgment rendered by a court without jurisdiction of the subject matter is void

(Hahn

v.

Kelly,

[1868] 34 Cal. 391, 402 [94 Am. Dec. 742];

Capital Bond etc. Co.

v.

Hood,