Daar v. Yellow Cab Co.

Plaintiff David Daar, suing “in behalf' of himself and all other persons similarly situated,” appeals from an order of the superior court sustaining defendant’s demurrer to plaintiff’s complaint without leave to amend and transferring the cause to the municipal court. It is clear from the record that the action was transferred pursuant to Code of Civil Procedure section 396 2 after the court determined that plaintiff could neither maintain a class action (§ 382) nor state a cause of action for his prior damages in excess of $5,000 (§ 89). 3 Initially we must determine whether the order of…