(DOWNLOAD) "Redlands High School District V. Superior Court Of San Bernardino County" by Supreme Court Of California In Bank # eBook PDF Kindle ePub Free

eBook details

Title: Redlands High School District V. Superior Court Of San Bernardino County
Author : Supreme Court Of California In Bank
Release Date : January 01, 1942
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 86 KB

Description

GIBSON, C.J. An action was commenced in the Justice's Court of San Bernardino Township against the Redlands High School District and the trustees of the district, petitioners herein, to recover damages for personal injuries incurred by a pupil in the school while playing a game under the direction of a teacher. The petitioners contended in the justice's court that the plaintiff was barred because no verified claim had been filed with the secretary or clerk of the school district within ninety days after the accident, as required by section 2.801 of the School Code. Judgment was rendered for the plaintiff, however, and petitioners (defendants) took an appeal upon both the law and the facts to the Superior Court in San Bernardino County, contending that no cause of action had been stated and that the superior court had no jurisdiction because no verified claim had been filed. The superior court, after a trial de novo, found that no verified claim was filed but rendered a judgment for the plaintiff nevertheless. Petitioners then applied to the District Court of Appeal, Fourth Appellate District, for a writ of certiorari to annul the judgment of the superior court upon the ground that the filing of a verified claim is a jurisdictional prerequisite under the statute, in the absence of which the superior court had no power to render a judgment for the plaintiff. Petitioners also contended that no appeal would lie from the judgment of the superior court and that they had no adequate remedy other than by a writ of review. The district court of appeal denied the petition and thereafter a hearing was granted in this court.