The Williams Co. v. Superior Court

CRAIG, J.

On or about February 13, 1928, the petitioner herein filed in the Superior Court of Los Angeles County an action for the principal sum of $925, alleged to have been theretofore earned in the city of Los Angeles as a commission upon the sale of real property, and due to the plaintiff, as assignee, from H. E. Yan Till, defendant therein. Answer was filed and the case brought to trial on September 24, 1928. The defendant objected to the introduction of any evidence upon the ground that the municipal court had exclusive original jurisdiction thereof since the cause of action arose within the boundaries of said city. The court sustained this objection and indicated its intention to dismiss the action. Thereupon the plaintiff instituted this proceeding, asserting that the jurisdiction of municipal courts is concurrent with that of the Superior Court in actions at law wherein the demand, exclusive of interest, is more than $300. The respondent herein demurred to the plaintiff’s petition upon the sole ground that it does not state facts sufficient to entitle the latter to the relief prayed.

[424]

Prohibition arrests proceedings of any tribunal exercising judicial functions, when such proceedings are without the jurisdiction thereof. (Code Civ. Proc., sec. 1102.) We think the action here in controversy is clearly without the jurisdiction of the Superior Court. In 1924 section 5 of article VI of the constitution, and also section 11 of the same article, were amended. These amendments clearly were made for the purpose of establishing the jurisdiction of municipal courts. It seems evident that the amendment to section 5 was for the express purpose of removing any inharmony that might have existed between that section as it formerly read and the new provisions of section 11. As amended, the applicable portion of section 5 reads: “The superior courts shall have original jurisdiction in all cases in equity and in all cases at law, which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases, except as hereinafter provided, in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars, and in all criminal cases amounting to a felony, and in all cases of misdemeanor not otherwise provided for; of actions for forcible or unlawful entry or detainer, except as otherwise provided in this article; of proceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate; of divorce and for annulment of marriage; and of all such special cases and proceedings as are not otherwise provided for; and said courts shall have the power of naturalization, and to issue papers therefor. ’ ’