Can a motion to transfer a case from the Municipal Court to the Superior Court of Ontario be heard on appeal?

California, United States of America


The following excerpt is from Ash v. Hertz Corp., 53 Cal.App.4th 1107, 62 Cal.Rptr.2d 192 (Cal. App. 1997):

Accordingly, we hold that where, as here, a motion is made to transfer a municipal court case to superior court on the ground that the amount in controversy exceeds the municipal court's jurisdiction and that motion is denied, the party aggrieved may obtain appellate review on appeal from the final judgment entered by the municipal court. 6 Unless the issue has been resolved by a written opinion (Kowis v. Howard (1992) 3 Cal.4th 888, 891, 12 Cal.Rptr.2d 728, 838 P.2d 250 [a summary denial of a writ petition is not the law of the case] ), it is immaterial whether earlier review was sought by a petition for a writ of mandate or other extraordinary relief.

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