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BACHIS v. STATE FARM MUTUAL AUTO. INS. CO.

Docket No. 31734.

265 Cal.App.2d 722 (1968)

71 Cal. Rptr. 486

JAMES BACHIS, a Minor, etc., et al., Plaintiffs and Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

September 16, 1968.

Attorney(s) appearing for the Case

Butterworth & Smith and Stuart C. Bishop for Defendant and Appellant.

Jerold S. Cohn and Victor E. Kaplan for Plaintiffs and Respondents.

KAUS, P.J.

The question for decision is whether section 89 of the Code of Civil Procedure, defining the jurisdiction of the municipal court with respect to the amount in controversy, may be circumvented by a label. [1] More specifically the issue is whether a fully matured cause of action for money damages in an amount of $5,000 or less, where nothing remains to be done but the payment of money and where no declaration concerning future rights and duties...

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