Kempton v. Superior Court

Petitioners seek a writ of certiorari contending that the Municipal Court of Long Beach exceeded its jurisdiction in granting judgment on a complaint wherein a promissory note was set up in haec verba, and which note contained the following recital: “This note is secured by a deed of trust.” There was no allegation in the complaint that the note was so secured. Judgment went by default and there were no findings of fact. The evidence upon which the judgment was obtained is not before us. An appeal was taken by petitioners herein from the judgment of the Municipal Court to the Superior Court…