Davis v. Superior Court

Opinion

WHITE, P. J.

Petitioner, the plaintiff and cross-defendant in a small claims court action, challenges an adverse ruling of the superior court upon de novo hearing requested by the defendant and cross-complainant. The issue raised concerns whether the trial court had jurisdiction over the defendant’s appeal from an adverse judgment on his own cross-complaint. We have concluded that it lacked jurisdiction and that the writ should issue.

Both the complaint and the cross-complaint concern an automobile accident. Petitioner filed her claim in small claims court on June 6, 1979, seeking…