Brooks v. Small Claims Court

Opinion

SULLIVAN, J.

Petitioner Maxine Brooks seeks a writ of mandate to compel respondent courts to allow her to file a notice of appeal and to prosecute an appeal from an adverse judgment entered in respondent small claims court without being required to file the undertaking prescribed by law. Essentially we must decide whether such requirement deprives petitioner of her property without due process of law.

The facts in brief are these. Real parties in interest Mabel E. Page and Mary B. Cozart (hereafter plaintiffs) brought an action against petitioner (hereafter defendant) in respondent small…