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Case Name WCAB v. Small Claims Court
Date 11/29/1973
Note Small claims court had no jurisdiction to hear case regarding expert witness and attorney fees from WC claim.
Citation 35 Cal.App.3d 643
WCC Citation WCC 27481973 CA
WORKMEN'S COMPENSATION APPEALS BOARD, Petitioner, v. THE SMALL CLAIMS COURT FOR THE SAN LEANDRO-HAYWARD JUDICIAL DISTRICT OF ALAMEDA COUNTY et al. , Respondents; EARLY-WINSTON-DRAKE et al. , Real Parties in Interest (Opinion by Taylor, P. J. , with Kane and Rouse, JJ. , concurring. )[1] Petitioner, Workmen's Compensation Appeals Board, seeks prohibition to prevent respondent, Small Claims Court, San Leandro-Hayward Judicial District, from proceeding to trial on [35 Cal. App. 3d 645] two small claims actions on the ground that the subject matter of the actions is within the exclusive jurisdiction of the board. Respondents Righetti and Sidlow may not circumvent the remedy provided by statute by filing actions in the small claims court. [2c] Because the subject matter of the actions filed in respondent small claims court is within the exclusive jurisdiction of the Workmen's Compensation Appeals Board, respondent small claims court has no jurisdiction to hear or determine the claims. Let a writ of prohibition issue commanding respondent small claims court to dismiss the actions in small claims cases Nos.

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