Totton v. Superior Court
Synopsis
Application for a writ of review to annul an order of the Superior Court dismissing an appeal from a Justice’s Court in the case of Lockwood v. Totton. In that action, the defendant appeared in the Justice’s Court by an attorney, and judgment was rendered against him. He thereupon served and filed a notice of appeal to the Superior Court, which was signed by a different attorney. No notice of substitution of attorneys was given. The Superior Court dismissed the appeal because the notice had not been signed by the attorney of record in the Justice’s Court, nor by an attorney who had been formally substituted in his place. The further facts appear in the opinion of the court.
The Court. — Application for a writ of review.
In this case the notice of appeal to the Superior Court was properly given. If there is an attorney of record in Justices’ Courts, the statute does not require that an attorney should sign the notice of appeal. It may be [38]signed by the party, or any person he may select for that purpose. (Civ. Code Proc., secs. 842, 974.)
The petition is sufficient, and the demurrer thereto is overruled.
The order dismissing the appeal is annulled and. quashed.
Ordered accordingly.
Rehearing denied.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)