Cal. Code of Civil Procedure § 396 : Of The Place Of Trial, Reclassification, And Coordination Of Civil Actions — California Code Of Civil Procedure — Place Of Trial — Appeal or petition not filed in proper state court; appeal or petition transferred to court having jurisdiction

Current through the 2016 Legislative Session

(a) No appeal or petition filed in the superior court shall be dismissed solely because the appeal or petition was not filed in the proper state court.

(b) If the superior court lacks jurisdiction of an appeal or petition, and a court of appeal or the Supreme Court would have jurisdiction, the appeal or petition shall be transferred to the court having jurisdiction upon terms as to costs or otherwise as may be just, and proceeded with as if regularly filed in the court having jurisdiction.

Ca. Civ. Proc. Code § 396

Added by Stats 2008 ch 56 (SB 1182),s 2, eff. 1/1/2009.