Hughes v. Municipal Court

SEAWELL, J.

—Petition for writ of

mandamus.

James Wallace was indebted to petitioner, Roberts Mutual Paint Company, in the sum of $40.21. Petitioner, upon the an

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thority of the statute creating small claims courts (Stats. 1921, p. 117, adding sections 927-927p to the Code of Civil Procedure), presented to respondents Honorable Henry M. Willis and W. S. Dinsmore, presiding judge and clerk, respectively, of the Municipal Court of the City of Los Angeles, said claim and requested the same to be filed. Eespondents and each of them refused to permit said claim to be filed in said court and refused to assume jurisdiction of the subject matter of the action or to at all entertain the proceeding, assigning as the grounds of their refusal that by the amendment of article VI, section 11 of the state constitution, adopted November 4, 1924, all existing inferior courts upon the organization of a municipal court as provided therein were abolished and that at the time the proceeding herein was attempted to be initiated said Municipal Court of the City of Los Angeles was fully organized and functioning as such court. It is further argued that courts of inferior jurisdiction cannot exist in cities where municipal courts are established without affirmative action on the part of the legislature creating them, and inasmuch as no inferior or small claims court has been created by any act of the legislature, none exists in the city of Los Angeles and hence respondents are justified in their refusal to entertain said action.

In brief, it is the contention of respondents that by reason of the provisions of the constitution providing for the organization of municipal courts, by virtue of which the respondent court was created, and by reason of the omission of the legislature to provide by appropriate statute an inferior court in and for the city of Los Angeles, the jurisdiction of which court should not extend to cases wherein the claim or demand is more than fifty dollars, there no longer exists in said city a forum in which claims or demands of fifty dollars or less may be tried in accordance with the procedure prescribed by the general act creating small claims courts. (Code Civ. Proc., secs. 927-927p; Stats. 1921, p. 117.) It is further contended that conceding certain language employed in sections 4, 26, and 27 of the act authorizing the establishment of municipal courts (Stats. 1925, p. 648) is susceptible of a construction that would continue in existence inferior or small claims courts, the title of the