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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Little v. Sanchez, 166 Cal. App. 3d 501 (1985)

Citation
Little v. Sanchez, 166 Cal. App. 3d 501 (1985)
Parent Document
Little v. Sanchez, 166 Cal. App. 3d 501 (1985)
Jurisdiction
California (state)
Effective Date
1985-03-15

Full Text

1,209 chars
Proceeding collectively by means of a class is a form of remedy, not a cause of action in and of itself. Municipal courts are given jurisdiction over all unlawful detainer actions falling within specified monetary limits (Code Civ. Proc., § 86, subd. (a)(4)), equitable powers generally (id., subd. (b)), and specifically the ability, in appropriate instances, to vacate judgments. (Id., subd. (b)(3).) There is nothing to be found in Code of Civil Procedure section 382, the section authorizing class actions, which might suggest that it is inapplicable to the municipal court. (See Comment, Tenants in Court: The Class Action (1971) 3 U.C. Davis L.Rev. 101.) On the other hand, Civil Code sections 1780 and 1781 appear to expressly recognize that court’s jurisdiction in consumers’ actions. (See also Kennedy v. Domerque (1955) 137 Cal.App.2d Supp. 849 [290 P.2d 85].) Too, a comprehensive set of rules governing civil law and motion practice and procedure in all trial courts, superior, municipal and justice, became effective January 1, 1984. (Cal. Rules of Court, rule 301 et seq.) One of the newly adopted rules establishes a procedure for seeking dismissal of all or part of a class action. (Rule 365.)