Fermin v. Municipal Court

BRAY, P. J. Petitioner appeals from an order of the San Francisco Superior Court denying his petition for writ of mandate. Petitioner appeared in that court, and appears here, in propria persona.1

[520]The petition is directed against “Municipal Court, Department #3, Oakland, California.” Service was purported to have been made on the municipal court by serving the clerk of that court. The Attorney General of California was also served. Although contending that the state had not been sued in this action, nevertheless the Attorney General filed a demurrer on its behalf, specifying general grounds and also that if any cause of action existed against the state it was barred by section 644, Government Code. On the hearing of this demurrer, the court denied the petition. It is from this order that the appeal is taken.2

As nearly as can be made out from a lengthy and confusing petition, petitioner claims that he is a resident of Nevada and that on September 3,1959, he received from an Oakland police officer a traffic citation for not having a valid California driver’s license; that the officer refused to recognize his Nevada driver’s license; that on showing “the Clerk of the City Hall, Oakland,” a valid California driver’s license the traffic citation was dismissed. Thereafter, on September 10, 1959, he was arrested pursuant to a warrant issued from defendant municipal court, for violation of former section 332, California Vehicle Code (driving while license suspended), and confined five days in the Oakland city jail. On January 11, 1960, a jury found him not guilty. On May 23, 1960, he filed with the State Board of Control a claim for damages for false arrest. This claim was rejected September 16,1960. The prayer of the petition is for judgment against defendant municipal court “under the Legal Written Law” for $200,000 damages to plaintiff's “mental health.”

It clearly appears that the State of California is not a party to the action. Obviously, as the traffic citation of which petitioner complains was issued by an Oakland police officer and the warrant of which he complains was issued by the Oakland Municipal Court, no cause for mandate or for damages is stated against the State of California.

Section 26524, Government Code, providing for rep[521]