Providence Baptist Church v. Superior Court

California Court of Appeal Feb 10, 1953 No. Civ. No. 15702Published

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Holding. The court denied the petition for a writ of review because the superior court possessed jurisdiction to enter the interlocutory judgment and the judgment is subject to review upon appeal from the final judgment.

Issues

Whether the superior court had jurisdiction to enter the interlocutory judgment.
Whether a writ of review is available when the challenged order is subject to review on appeal from a final judgment.

Disposition. Denied

Quotations verified verbatim against the opinion

“The Supreme Court has determined that the superior court had jurisdiction to enter that order.”

“That being so, the writ of review will not lie.”

“Moreover, the interlocutory judgment can be reviewed on the appeal from the final judgment. That too precludes the issuance of the writ.”

THE COURT. By this petition for a writ of review petitioner seeks to review and annul an interlocutory judgment entered on July 10, 1951. The Supreme Court has determined that the superior court had jurisdiction to enter that order. (Providence Baptist Church v. Superior Court, 40 Cal.2d 55 [251 P.2d 10].) That being so, the writ of review will not lie. (Code Civ. Proc., § 1068.) Moreover, the interlocutory judgment can be reviewed on the appeal from the final judgment. That too precludes the issuance of the writ. (4 Cal.Jur. at p. 1053.) The petition for a writ of review is denied.

Providence Baptist Church v. Superior Court

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