257 P. 590 | Cal. Ct. App. | 1927
The petitioner and appellant, a former member of the legal profession who was disbarred on February *139 24, 1925, brought an action upon a claim assigned to him for the purpose of collection only in the justice's court of Santa Ana township, where he stipulated to the fact that judgment of disbarment had been entered against him, and that the chose in action was assigned to him solely for the purpose of collection. Upon that stipulation the respondent, Justice of the Peace, refused to permit the petitioner to proceed with the trial and declined to hear him further, whereupon he filed a petition for the writ of mandate in the superior court. After hearing, judgment was entered denying the writ. This appeal is from that judgment.
Subsequent to the decision of In re Hittson,
The appellant attacks that portion of the findings of fact which says that the claim was "assigned to the petitioner for the purpose of evading, nullifying or escaping the effect of said judgment of disbarment" and that he "was the agent of the person who had assigned said claim to him." He also asserts that the conclusions of law to the same effect are without justification. It must be conceded that the *140
findings just quoted are without other support than the fact that petitioner had been disbarred previous to the assignment, and that the assignment to him was made solely for the purpose of collection. In so far as the findings go beyond this, we deem them surplusage, immaterial, and unnecessary to determine the issue presented to the court, and they may therefore be disregarded. To determine, therefore, whether the rights of petitioner have been prejudiced, our consideration of the problem must be conducted without regard to the conclusions of the court upon these facts to which the parties stipulated. [1] The question then frames itself in this manner: Has the legislature the authority to prevent one who has been disbarred from appearing in propria persona in an action, the foundation of which is a claim assigned to him, solely for the purpose of collection? It is obvious from a reading of sections 299 and 300 of the Code of Civil Procedure, heretofore quoted, that the legislature intended to erect such a barrier, and if such intent is consistent with constitutional guaranties (the petitioner asserts that it is not), we ought to give it effect. We do not need to concern ourselves with the right of the legislature to prevent any person or class of persons from appearing in propriapersona to assert or protect a right — provided there be a substantial distinction between an outright assignment of a chose in action and one for collection purposes only. That there is a marked and vital difference seems to admit of little argument.[2] It is common knowledge that collection agencies pursue the policy of taking assignments of claims for the purpose of bringing action, and that the only interest the assignee has in the subject matter is a percentage thereof as his compensation for doing those things ordinarily performed by an attorney at law. It is true that he holds the legal title — but it is the bare legal title. (Greig v. Riordan,
Judgment affirmed.
Craig, P.J., pro tem., and Murphey, J., pro tem., concurred.