Redlands High School District v. Superior Court

CARTER, J., Concurring.

I concur in the conclusion reached in the majority opinion upon the sole ground that the failure to file a claim as required by section 2.801 of the School Code is not a jurisdictional prerequisite to the commencement or maintenance of an action in either the justice’s or superior court.

I do not agree with that portion of the majority opinion which holds that certiorari will not lie to annul a void judgment of a justice’s court where such void judgment has been affirmed on appeal to the superior court without a trial de novo, and I am of the opinion that a writ of…