Los Angeles Bond & Securities Co. v. Superior Court

WILLIS, J., pro tem. By this proceeding in certiorari petitioner seeks to annul a judgment of the superior court entered after trial de novo of a case appealed from the small claims court sitting in the city of Los Angeles.

One Anna May Brown filed an affidavit in the small claims court substantially in the form required by section 927b of the Code of Civil Procedure, claiming that petitioner herein was indebted to her in the sum of $37 for money had and received. Trial was duly had thereon and judgment was entered in favor of Mrs. Brown for the sum of $30. Within five days thereafter petitioner appealed to the superior court from such judgment, in accordance with [636]the provisions of section 927j of the Code of Civil Procedure. Thereafter trial de novo was duly had in the superior court and therein a judgment was entered in favor of Mrs. Brown and against petitioner for said sum and costs in the further sum of $7.60. This judgment petitioner now seeks to have annulled on the ground that the small claims court did not have jurisdiction of the subject-matter of the cause, and that by reason of said court acting in excess of its jurisdiction the superior court on the appeal also acted without and in excess of its jurisdiction.

It is patent that the affidavit filed in the small claims court effectually invoked the jurisdiction of that court in respect to the subject-matter therein, but it is contended that during the trial facts were presented in evidence which deprived the court of such jurisdiction. Briefly stated, petitioner’s contention is that the $30 awarded by the judgment in that court comprised two items of a list of items going to make up a total which had been previously agreed upon between the parties as the amount which petitioner would accept in consideration of a dismissal of an action in the superior court between the parties, wherein petitioner was seeking to foreclose a street bond lien on Mrs. Brown’s real property and a reinstatement of her bond; that petitioner had accepted such total amount and had dismissed such action and reinstated the bond, and that Mrs. Brown had never rescinded that agreement and therefore no cause of action for money had and received existed, and no jurisdiction was vested in the small claims court to adjudge rescission and repayment. The items in question were $25 for attorney’s fee and $5 for title search, represented by petitioner to Mrs. Brown as having been incurred but which in truth had not been incurred. The record certified up and before us shows that the evidence given in each court reveals the facts substantially as stated above.