Pacific States Corp. v. Superior Court

CONREY, P. J.

In an action filed against' petitioner herein in the justice’s court of Pasadena township, in the county of Los Angeles, judgment was rendered in favor of Redman, plaintiff, against Pacific States Corporation, defendant. The corporation appealed. On motion of Red-man, the Superior Court dismissed the appeal upon the ground that the same had not been perfected within the time provided by law. Thereupon said' corporation filed its petition in this court for a writ of mandate to compel the Superior Court to exercise jurisdiction over said appeal, and to proceed to hear and determine said action upon its merits. The questions of law involved in this proceeding are raised by demurrer to the petition.

Section 981 of the Code of Civil Procedure reads as follows: “No appeal effective unless fees for filing are paid. No appeal taken from a judgment rendered in a police or justice court in civil matters shall be effectual for any purpose whatever unless the appellant shall, at the time of filing the notice of appeal, pay in addition to the fee payable to the justice of the peace on appeal, the fees provided

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by law to be paid to the county clerk for filing the appeal and for placing the action on the calendar in the superior court. Upon transmitting the papers on appeal, the justice or judge shall transmit to the county clerk the sum thus deposited for filing- the appeal in the superior court and for placing the action on the calendar. No notice of appeal shall be filed unless the fees herein provided for are paid in accordance with the provisions of this section.” In the Redman ease the defendant, in perfecting its appeal, complied with the requirements of section 981 and actually paid to the justice all of the fees referred to in said section. The justice transmitted to the county clerk the papers on appeal, but omitted to transmit therewith the sum deposited by appellant for filing the appeal and for placing the action on the calendar in the Superior Court. A few days later the justice died without having transmitted said moneys to the county clerk. For this reason the clerk omitted to file the papers, and placed them in a pigeonhole where the appellant was unable to locate them until the twenty-sixth day of October, 1923. On that day and on demand of the county clerk, the corporation again paid the fees payable to the county clerk. Thereupon said cause was entered by the clerk on the docket of the Superior Court.