Legal Opinion
Leuschen v. Small Claims Court
California Supreme Court
Decided May 12, 1923No. L. A. No. 7670PublishedCited by 17 opinions
APPLICATION for a Writ of Prohibition to prevent a small claims court from trying an action in tort. Writ denied. The facts are stated in the opinion of the court. David R. Faries, John R. Berryman, Jr., and J. Allen Davis for Petitioner.
1Opinion of the CourtWilbur, C. J.
This is an original proceeding in prohibition to prevent the respondent from proceeding with the trial upon a claim of $30.10 damages due to alleged negligence of the petitioner. Section 927 of the Code of Civil Procedure, enacted May 16, 1921 (Stats. 1921, p. 117), provided as follows:
“All justices of the peace shall exercise the jurisdiction conferred by this title and while sitting in the exercise of said jurisdiction shall be known and referred to as the small claims court; provided, that the jurisdiction of such justices court, when sitting as a small claims court, shall be confined to…
2Cases cited4 opinions
- Flour City Fuel & Transfer Co. v. YoungSupreme Court of Minnesota · 1921
- Renaud v. State Court of Mediation & ArbitrationMichigan Supreme Court · 1900
- A. L. Lakey Co. v. City of KalamazooMichigan Supreme Court · 1904
- Ex parte PraderCalifornia Supreme Court · 1856
3Cited by17 opinions
- Miller v. Mun. Court of L. A.California Supreme Court · 1943
- Sanderson v. NiemannCalifornia Supreme Court · 1941
- Briggs v. BrownCalifornia Supreme Court · 2017
- Prudential Insurance Co. v. Small Claims CourtCalifornia Court of Appeal · 1946
- Crouchman v. Superior CourtCalifornia Supreme Court · 1988
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