Kent v. Superior Court

Opinion

SONENSHINE, J.

May the superior court on its own motion transfer litigation to the municipal court without notice and without an opportunity to be heard? No.

I

William A. Kent filed the underlying action against Kramer Motors, Inc. on March 16, 1989. On the day of the trial, November 4, 1991, the court asked to see counsel in chambers to discuss settlement. This proved to be futile. The parties were ready to proceed. Indeed, they had marked their exhibits, prepared

in limine

motions, trial briefs, requests for jury instructions, and had established the order of witnesses and proof. The court was evidently unimpressed. Without notice or an opportunity to be heard, and on his own motion, the judge transferred the case to municipal court.

Kent petitioned for a peremptory writ of mandate. We invited responses from the court and the real party in interest. We received preliminary opposition from Kramer but none from the court. Issuance of an alternative writ would not assist our resolution of this matter and would cause unnecessary delay. A peremptory writ in the first instance is appropriate.

(Palma

v.

U.S. Industrial Fasteners, Inc.

(1984) 36 Cal.3d 171 [203 Cal.Rptr. 626, 681 P.2d 893].)

[1394]

II

In

Walker

v.

Superior Court

(1991) 53 Cal.3d 257 [279 Cal.Rptr. 576, 807 P.2d 418], our Supreme Court “interpret[ed] . . . Code of Civil Procedure section 396, which governs the transfer of cases from the superior court to the municipal court when an action fails to meet the superior court’s jurisdictional requirement of an amount in controversy exceeding $25,000.”