Smith v. Superior Court

Opinion

PARAS, J.

This is a petition for peremptory writ of mandate (or prohibition) to require the respondent Superior Court of Siskiyou County to afford petitioner a jury trial.

The State of California, acting through the Department of Transportation (hereinafter plaintiff), brought suit in the small claims division of the Yreka Judicial District against petitioner (hereinafter defendant), seeking the sum of $491.90 damages to a road sign allegedly caused by defendant’s negligent operation of a motor vehicle. Following trial, judgment was entered for plaintiff. Defendant appealed to the…