California Courts of Appeal, 1935

Bershon v. Municipal Court

Bershon v. Municipal Court
California Courts of Appeal · Decided March 26, 1935
5 Cal. App. 2d 519; 42 P.2d 649; 1935 Cal. App. LEXIS 1100
Bershon v. Municipal Court

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

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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