Bershon v. Municipal Court

California Court of Appeal

Bershon v. Municipal Court

42 P.2d 649, 5 Cal. App. 2d 519, 1935 Cal. App. LEXIS 1100

CourtCalifornia Court of Appeal

DecidedMarch 26, 1935

DocketCiv. No. 10307

StatusPublished

Cited by1 cases

This text of 42 P.2d 649 (Bershon v. Municipal Court) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bershon v. Municipal Court, 42 P.2d 649, 5 Cal. App. 2d 519, 1935 Cal. App. LEXIS 1100 (Cal. Ct. App. 1935).

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Opinion

THE COURT.

The petition for writ of prohibition is denied. The order of the superior court, transferring to the municipal court the action described in the petition, was made under authority of section 396 of the Code of Civil Procedure as amended in 1933. The matter was purely procedural, and the order did not constitute an attempt to give retroactive effect to the statute. Under such order and transfer the municipal court has jurisdiction over the action. (McClurg v. McClurg, 212 Cal. 15, at p. 18 [297 Pac. 27].)

An application by petitioner to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on May 6, 1935.

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THE COURT.

The petition for writ of prohibition is denied. The order of the superior court, transferring to the municipal court the action described in the petition, was made under authority of section 396 of the Code of Civil Procedure as amended in 1933. The matter was purely procedural, and the order did not constitute an attempt to give retroactive effect to the statute. Under such order and transfer the municipal court has jurisdiction over the action. (McClurg v. McClurg, 212 Cal. 15, at p. 18 [297 Pac. 27].)

An application by petitioner to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on May 6, 1935.

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42 P.2d 649, 5 Cal. App. 2d 519, 1935 Cal. App. LEXIS 1100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bershon-v-municipal-court-calctapp-1935.

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