Burlingame v. Justice's Court

This is an appeal from a judgment of the superior court in a certiorari proceeding annulling an order of the justice’s court. The matter was submitted to the court on a demurrer to the petition. The effect of the demurrer was to adopt as the return to the writ the facts alleged in the petition. (Stoner v. City Council of Los Angeles, 8 Cal. App. 607 [97 Pac. 692].) The facts set forth in the petition are therefore, uncontroverted and are as follows: Charles Kaufman commenced an action to recover rent in the Justice’s Court of the City of Berkeley (having a population of more than 30,000),…