292 P. 499 | Cal. Ct. App. | 1930
Petition for writ of mandate.
On April 24, 1929, one John C. Flick filed in the Superior Court of Los Angeles County his action against one Maude Wheaton, petitioner herein, to foreclose a mechanic's lien in the sum of $917.20. On April 22, 1930, said petitioner herein moved the respondent court to dismiss the action on the ground that the property against which the lien was attempted to be foreclosed was within the city of Los Angeles and that by reason of the change in jurisdiction of the municipal court, as provided by act of the 1929 legislature (Deering's Gen. Laws 1929, p. 3527, Stats. 1929, p. 838), the superior court had lost jurisdiction of the action. The motion was denied. Subsequently the case was tried and judgment rendered in favor of the plaintiff, against petitioner, in the sum of $917.20, plus interest and costs, and provided that same be adjudged a lien against the land described in plaintiff's complaint. Subsequently an order of court was made appointing a commissioner to sell the real property described *704 in the judgment; execution issued thereon and the commissioner, pursuant to the execution, sold the property. Subsequently an order was issued to show cause why the judgment should not be vacated and set aside and why the commissioner should not be permanently restrained from selling the premises referred to in the judgment. The motions to vacate and set aside and to restrain the commissioner from selling were denied and the order to show cause dismissed. Petitioner thereupon filed her petition in this court, asking for a writ of mandate compelling the respondent superior court to vacate said judgment and set aside the sale of the property by the commissioner.
Petitioner contends by reason of the change in the jurisdiction of the municipal court by the act of the 1929 legislature that the superior court was deprived of jurisdiction to continue with the action. If this contention is correct then the action should have been dismissed in the superior court and a new action would have to be filed in the municipal court. This would have become a useless act, for by the terms of section
[2] The amendments of the 1929 legislature changing the jurisdiction contained no saving clause; nor was any method provided for transfer to the municipal court of actions then pending in the superior court. This shows an entire absence of intent upon the part of the legislature that the act should operate retrospectively upon the many cases then pending in the superior court. Surely, the legislature, in changing the jurisdiction, must have had in mind the constitutional provision providing for liens and if it had intended *705
that cases then pending in the superior court should be transferred to the municipal court it without doubt would have provided the means for such transfer. As was said in Estate ofFrees,
We conclude, therefore, that the amendment could apply only to new cases filed involving liens.
In Architectural Tile Co. v. Superior Court, ante, p. 369 [
[3] Attack is made upon the form of judgment as rendered. We cannot consider same in this proceeding. The matter to which complaint is directed is at best an error at law, and if an error at law, must be corrected upon appeal.
Petition for writ of mandate denied. Respondent to recover his costs in this proceeding.
Works, P.J., and Thompson (Ira F.), J., concurred.