Yamamoto v. Santa Cruz Cty. Bd. of Sup'rs, 606 P.2d 28 (Ariz. Ct. App. 1979). · Go Syfert
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Yamamoto v. Santa Cruz Cty. Bd. of Sup'rs, 606 P.2d 28 (Ariz. Ct. App. 1979). Cases Citing This Book View Copy Cite
46 citation events (19 in the last 25 years) across 4 distinct courts.
Strongest positive: Buelna v. Dannels (azd, 2021-10-27)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) Buelna v. Dannels
D. Ariz. · 2021 · confidence medium
Bd. of Supervisors, 606 P.2d 28, 29 (Ariz. Ct. App. 1979).
discussed Cited as authority (rule) Ader v. Estate of Felger
Ariz. Ct. App. · 2016 · confidence medium
Bd. of Supervisors, 124 Ariz. 538, 539 , 606 P.2d 28, 29 (App.1979) (affirming entry of summary judgment in favor of superior court because court not sui juris and not proper defendant). ¶ 42 Ader’s argument contesting the trial court’s subject matter jurisdiction seems to be based on an imprecise understanding of the concept.
discussed Cited as authority (rule) Simon v. MARICOPA MEDICAL CENTER
Ariz. Ct. App. · 2010 · confidence medium
Therefore, Simon’s misnomer does not justify dismissal of his claim. ¶ 18 In light of our holding that the alleged misnomers did not prevent Simon from initiating a valid suit against the true jural entities, we place little weight on the Police Department’s assertion that a court has no jurisdiction over a party unless it “legally exists and is legally capable of being sued.” Yamamoto v. Santa Cruz County Bd. of Supervisors, 124 Ariz. 538, 539 , 606 P.2d 28, 29 (App.1979).
discussed Cited as authority (rule) Adams v. State
Ariz. Ct. App. · 1995 · confidence medium
See Acevedo, 142 Ariz. at 321-22 , 690 P.2d at 40-41 (probation officer entitled to immunity only if “acting pursuant to or in aid of the directions of the court”); Lavit, 173 Ariz. at 101 , 839 P.2d at 1146 ; Yamamoto v. Santa Cruz County Bd. of Supervisors, 124 Ariz. 538, 540 , 606 P.2d 28, 30 (App.1979) (court clerk’s return of cash appeal bond to the wrong party pursuant to court order was protected by judicial immunity).
discussed Cited as authority (rule) Patton v. County of Mohave
Ariz. Ct. App. · 1987 · confidence medium
Yamamoto v. Santa Cruz County Board of Supervisors, 124 Ariz. 538, 540 , 606 P.2d 28, 30 (App.1980); Norcor of America v. Southern Arizona International Livestock As *171 sociation, 122 Ariz. 542, 544 , 596 P.2d 377, 379 (App.1979).
discussed Cited "see" Whitaker v. Pima County (2×)
D. Ariz. · 2009 · signal: see · confidence high
See Yamamoto v. Santa Cruz County Board of Supervisors, 124 Ariz. 538 , 606 P.2d 28 (App.1979).
discussed Cited "see" Physical Therapy Associates, Inc. v. Pinal County (2×)
Ariz. Ct. App. · 1987 · signal: see · confidence high
See Yamamoto v. Santa Cruz County Board of Supervisors, 124 Ariz. 538 , 606 P.2d 28 (App.1979); American Credit Bureau v. Pima County, 122 Ariz. 545 , 596 P.2d 380 (App.1979); Norcor of America v. Southern Arizona International Livestock Association, 122 Ariz. 542 , 596 P.2d 377 (App.1979).
discussed Cited "see" Hernandez v. Maricopa County (2×)
Ariz. Ct. App. · 1983 · signal: see · confidence high
See Fridena v. Maricopa County, 18 Ariz. App. 527 , 504 P.2d 58 (1972). 124 Ariz. at 540 , 606 P.2d at 30 .
discussed Cited "see, e.g." Collins v. Corbin (2×)
Ariz. · 1989 · signal: see also · confidence low
See also Yamamoto v. Board of Supervisors, 124 Ariz. 538 , 606 P.2d 28 (App.1980).
Retrieving the full opinion text from the archive…
John Eiji YAMAMOTO, dba Jeyco Produce Co., a sole proprietorship, Plaintiff/Appellant,
v.
SANTA CRUZ COUNTY BOARD OF SUPERVISORS as Representatives of Santa Cruz County of the State of Arizona; The Superior Court of the State of Arizona in and for the County of Santa Cruz; Hazel Wise as Superior Court Clerk of Santa Cruz County, Arizona; Justice Gilbert Soto as the Justice of the Peace of Precinct Number One in and for the County of Santa Cruz, State of Arizona, Defendants/Appellees.
2 CA-CIV 3313.
Court of Appeals of Arizona.
Dec 4, 1979.
606 P.2d 28
Richmond.
Published

[*539] Dennis T. Fenwick, Nogales, for plaintiff/appellant.

Richard N. Groves, Santa Cruz County Atty. by William Rothstein, Chief Deputy County Atty., Nogales, for defendants/appellees.

OPINION

RICHMOND, Chief Judge.

Appellant commenced this action by filling a five-count complaint against various defendants for recovery of $3,700 he had deposited as part of a $4,000 cash appeal bond on behalf of one of his employees. The trial court dismissed the complaint as to the Superior Court of the State of Arizona, the clerk of the court, and justice of the peace, and entered summary judgment in favor of the Santa Cruz County Board of Supervisors.[1] We affirm.

The employee had been tried in the Justice Court of Precinct Number One, Santa Cruz County, on a charge of failure to provide title to an automobile. After he was found guilty and remanded to the county jail for six months straight time, an appeal-appearance bond was set at $4,000. Appellant delivered a cashier's check in that amount to the clerk of the justice court, which then issued its own check for $4,000 to the clerk of the Santa Cruz County Superior Court as an appeal bond. The county attorney and employee's attorney, who believed the justice of the peace had exceeded his jurisdiction in requiring a $4,000 bond, stipulated that it be reduced to $300. Pursuant to the stipulation, a superior court judge ordered the clerk to refund $3,700 "by check made payable to both defendant and his counsel and transmitted to counsel." Later, the employee's motion to dismiss the prosecution was granted and the balance of the bond was ordered exonerated. By that time the employee's attorney had been notified that appellant and not the employee had posted the bond, and he transmitted the $300 balance to appellant.

After an informal demand for return of the $3,700, appellant commenced this action against the board of supervisors, the superior court, the clerk of the superior court, and the justice of the peace, as well as the employee and his counsel.

The trial court granted appellee superior court's motion for summary judgment on the ground that a court is not sui juris and therefore not a proper party defendant, citing Malone v. Court of Common Pleas of Cuyahoga County, 45 Ohio St.2d 245, 344 N.E.2d 126 (1976); State ex rel. Cleveland Municipal Court v. Cleveland City Council, 34 Ohio St.2d 120, 296 N.E.2d 544 (1973). We agree. A court has no jurisdiction until a party is brought before it who legally exists and is legally capable of being sued. Florida Medical Association, Inc. v. Spires, 153 So.2d 756 (Fla.App. 1963).

Dismissal of the complaint as to appellees Hazel Wise as Clerk of the Santa Cruz County Superior Court and Justice Gilbert Soto, Justice of the Peace of Precinct Number One in Santa Cruz County,[*540] was correct based on judicial immunity. The clerk's acts are essentially ministerial. Coconino County v. Lewis, 76 Ariz. 88, 259 P.2d 256 (1953); Manning v. Palmer, 381 F. Supp. 713 (D.C.Ariz. 1974). Appellee Wise made the payment of $3,700 to the order of the employee and his counsel pursuant to the order of the superior court judge who reduced the appeal bond. She therefore was protected by the doctrine of judicial immunity. Dieu v. Norton, 411 F.2d 761 (7th Cir.1966). And a judge will not be deprived of immunity because action he took was in error, done maliciously or in excess of his authority, but only if he acted in clear absence of all jurisdiction. Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978). That was not the case here.

On the board of supervisors' motion for summary judgment, the trial court found that the failure of appellant to follow the procedure for filing a claim against a county required by A.R.S. § 11-621, et seq., precluded subject matter jurisdiction, citing Norcor of America v. Southern Arizona International Livestock Assoc., 122 Ariz. 542, 596 P.2d 377 (App. 1979). We agree as to the counts for breach of contract, quasi-contract, and mandamus. No such claim need be presented, however, for conversion or negligence, the tort theories on which the other two counts are based. Id. at 596 P.2d 379. Nevertheless, the judgment was proper. The only acts alleged in the tort counts were those of the clerk and her deputy, and the justice of the peace. Their duties are imposed by law, not by the county. Having no right of control over either, the county cannot be liable for their torts under the doctrine of respondeat superior. See Fridena v. Maricopa County, 18 Ariz. App. 527, 504 P.2d 58 (1972).

The judgment is affirmed.

HOWARD and HATHAWAY, JJ., concurring.

1 The judgment contained the finding required for an appeal by 16 A.R.S. Rules of Civil Procedure, rule 54(b).