Eloby v. Superior Court

Opinion

CHRISTIAN, J.

Cleophas Eloby seeks a writ of mandamus commanding respondent superior court to hear a motion by petitioner for new trial after trial de novo in the superior court of a small claims court action in which petitioner is plaintiff and real party in interest is defendant.

Petitioner had sought recovery in the sum of $750 for allegedly defective work done on his automobile. Trial in the small claims court resulted in judgment for petitioner as prayed. Real party appealed to the superior court (Code Civ. Proc., § 117.8, subd. (a)), and the action was “tried anew” in that court…