126 P. 501 | Cal. Ct. App. | 1912
This is an application for a writ of prohibition to prevent the superior court, sitting as a juvenile court of *549 Los Angeles county, from proceeding further in the trial of an action wherein the people of the state constitute the plaintiff and the petitioners are defendants. The action was instituted by filing a verified complaint in said court charging petitioners with the commission of the misdemeanor defined by section 26 of the juvenile court act (Stats. 1911, p. 672). The right to the writ is based upon the claim that the verified complaint filed in the superior court was insufficient to give the court jurisdiction to try petitioners for the offense charged therein.
Section 26 of the juvenile court act, which defines the misdemeanor in question, provides that "the juvenile court shall have jurisdiction of all such misdemeanors." Section
In our opinion, subdivision 4 of section
The writ of prohibition, however, will not issue for want of jurisdiction alone. It must be made to appear that the petitioner applying therefor is without any "plain, speedy and adequate remedy in the ordinary course of law." (Code Civ. Proc., sec. 1103.) Conceding, therefore, that a trial of petitioners, if had upon the verified complaint filed in the superior court, would be in excess of the court's jurisdiction, it does not follow that they would be entitled to the writ prayed for. They would have an adequate remedy by appeal from any adverse judgment rendered against them. This being true, the want of jurisdiction, in the absence of facts or circumstances showing the inadequacy of the remedy by appeal (Ophir Silver Min. Co. v. Superior Court,
The writ is, therefore, denied.
Allen, P. J., and James, J., concurred.