Legal Question in Appeals and Writs in California

It is a two step process: first you must ask the appellate department to certify the case to the court of appeal, and then the court of appeal must agree to accept it. You do not need a writ petition.

And, as a general rule, you should not have two cases ongoing at the same time between the same parties concerning the same subject matter. That could hurt you in the long run.

Please see my website at www.LosAngelesAppeals.com. If you are considering retaining appellate counsel, please contact my office.

Mr. Fox is wrong. Small claims appeals are always heard as de novo matters in the Superior Court. (Code Civ. Proc., sect. 116.770.) Even if it were a limited civil case (non small claims) or an unlimited civil case, you could not have the case retried in the Court of Appeal or the Appellate Division. Those courts hear writ petitions and appeals involving questions of law. They do not retry facts. As an appellate lawyer, Mr. Fox should realize that.

You cannot have an appeal transferred or consolidated with another pending action. An appeal from a judgment rendered in a small claims action may not be consolidated witha related case pending in the superior court because this ivolates the prohibitions against pretrial discovery, jury trial, and plaintiff's appeal in a small claims actions. "For all of these reasons the trial court would have acted in excess of its jurisdiction if it had granted appellant Acuna's request for transfer and consolidation. The motion to consolidate was properly denied." (Acuna v. Gunderson Chevrolet, Inc. (2nd Dist. 1993) 1467, 1472-1473.)

The time to file a motion to transfer the small claims case was before the hearing, not after.