Legal Opinion · Concurring in part, dissenting in part

Walker v. Superior Court

California Supreme Court

Decided April 1, 1991No. S014626Published

1Concurring in part, dissenting in part

BROUSSARD, J.,

Concurring and Dissenting.—Though I concur in the ultimate result reached by the majority, I must dissent from the reasoning of the opinion. I am sympathetic to the desires of superior court judges to keep their dockets free of cases that should properly be before the municipal courts. I am not persuaded, however, that Code of Civil Procedure section 3961 was intended to or can properly be interpreted to authorize a superior court judge to transfer a case in which the complaint in good faith alleges damages greater than the jurisdictional minimum of the superior court.

I

The…

2Cases cited25 opinions

  1. Brydonjack v. State BarCalifornia Supreme Court · 1929
  2. Millholen v. RileyCalifornia Supreme Court · 1930
  3. Gardiner v. RoyerCalifornia Supreme Court · 1914
  4. Sacramento & San Joaquin Drainage District v. Superior CourtCalifornia Supreme Court · 1925
  5. Schwartz v. California Claim Service, Ltd.California Court of Appeal · 1942

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