Auto Equity Sales, Inc. v. Superior Court
- Decided
- March 22, 1962
- Docket
- S. F. No. 20843
- Status
- Published
- Jurisdiction
- California
Cited 2,916 timesOverruled (verified)Overruled (verified) · Maler v. Superior Court
What later courts said
- holding that decisions of an intermediate court of appeals bind all courts of inferior jurisdiction — Rathert v. Galaza (2006)
- noting that when appellate decisions conflict, “the court exercising inferior jurisdiction can and must make a choice between the conflicting decisions” — Yako William Collins v. State of Alaska (2025)
- lower court exceeds its jurisdiction when it refuses to follow decision of higher court on ground that the decision is erroneous — Harris v. State (1984)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
PETERS, J.
Petitioners seek certiorari to review a decision of the appellate department of the superior court that vacated an order of the municipal court granting petitioners a new trial on the ground that the municipal court was without jurisdiction to grant the new trial. On this certiorari proceeding, it is contended that the appellate department of the superior court exceeded its jurisdiction in vacating the order granting the new trial. With this contention we agree.
The facts giving rise to this controversy are as follows: On December 20, 1960, a verdict for the plaintiff was returned in the municipal court action of Hesenflow v. Auto Equity Sales, Inc. The next day, on December 21, 1960, the defendants in that action, petitioners here, moved for a judgment notwithstanding the verdict, reserving the right to later move for a new trial. On January 23, 1961, defendants filed a notice of intention to move for a new trial. On February 17, 1961, judgment for the plaintiff was entered, and on March 2, 1961, defendants’ motion for a new trial was granted. Plaintiff appealed to the appellate department of the superior court. That court vacated the order granting a new trial.
Cite this
Auto Equity Sales, Inc. v. Superior Court, 57 Cal. 2d 450 (1962)Read the full opinion
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