Merchants Service Co. v. Small Claims Court

Plaintiff petitioned the superior court for a writ of mandate to compel the clerk of the Small Claims Court in San Francisco to accept for filing therein a claim for $14.13. Defendants interposed a demurrer to the petition, thereby submitting the matter “on the papers of the applicant.” (Code Civ. Proc., § 1094; Scannell v. Wolff, 86 Cal.App.2d 489, 491-492 [195 P.2d 536].) The demurrer was overruled and the court ordered a peremptory writ to issue. From the judgment accordingly entered, defendants appeal.

Plaintiff’s claim was rejected by the clerk on the ground that it appeared to be based…