Grigsby v. Ross

KNIGHT, J. Plaintiff appeals from a judgment of dismissal entered pursuant to an order sustaining defendants’ demurrer to the complaint without leave to amend. The action was instituted in the Superior Court in and for Los [758]Angeles County, and it is contended by defendants, in support of the trial court’s order, that exclusive jurisdiction to hear and determine the action was in the Municipal Court of the City of Los Angeles. We are of the opinion that the trial court was correct in so holding.

It appears from the complaint that the county of Los Angeles let a contract to the defendant Ross to clear a right of way and construct a road outside of the municipal limits of the city of Los Angeles, and that Ross sublet the portion of the contract calling for the clearing of the right of way to the Santa Fe Construction Company. As required by the provisions of a statute governing such matters (Stats. 1919, p. 487, as amended in 1925 and 1927, see Stats. 1925, p. 538, and 1927, p. 282) entitled “An act to secure the payment of claims of persons employed by contractors upon public works ... ”, etc., Ross furnished the county with a bond in a sum not less than fifty per cent of the contract price which in terms inured to the benefit of materialmen, laborers, etc. Plaintiff was employed on the job as a" laborer by the Santa Fe Construction Company, which became indebted to him in the sum of $736. He was not paid, and consequently in accordance with the provisions of said statute and within the time allowed thereby, he filed with the auditor and the treasurer of the county of Los Angeles, in the city of Los Angeles, a verified claim together with a “stop-notice”, covering the amount due him; and thereafter in due time he filed the present action in the superior court against the auditor and the treasurer of the county, and the contractor, asking that the auditor and the treasurer pay to him, out of the funds remaining in their hands for the payment of the contract, the amount covered by his verified claim, together with attorney’s fees and costs.

Section 2 of the act pursuant to which the verified claim and stop-notice were filed provides that all actions brought thereunder against the disbursing officers for the enforcement of such claims shall be governed by the provisions of sections 1184a, 1184b and 1184c of the Code of Civil Procedure, relating to the foreclosure of mechanics’ liens; and subdivision 3 of section 29 of the act establishing municipal courts, in force at the time these transactions took place, provided that the municipal court shall have exclusive