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WALLACE v. EDWARDS

Court of Appeal of California, Second District, Division Four.
Jun 10, 1963
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KINGSLEY, J.

[1a] Respondent secured a judgment against appellant in small claims court. Appellant duly appealed that judgment to the superior court. (Code Civ. Proc., § 117j) There being no appearance at the time set for hearing in the superior court, that court entered judgment for respondent. A motion by appellant to vacate that judgment, on the ground of failure to give statutory notice of hearing, was denied. Appellant now appeals to this court from such denial.

[2] A District Court of Appeal has jurisdiction to hear appeals only in cases in which the superior court had original jurisdiction. (Cal. Const., art. VI, § 4b.) [3] Except as our jurisdiction may be invoked by petition for an original writ, we may review judgments of the superior court on appeal from a small claims court only where the case has been duly transferred to us pursuant to rules 61 to 69 of California Rules of Court. (Cal. Const., art. VI, § 1a.) No such transfer was sought or granted in this case.

Formerly Rules on Transfer of Municipal and Justice Court Appeals, rules 61-69.

[1b] The appeal, being beyond our jurisdiction to determine, is dismissed.

Burke, P.J., and Jefferson, J., concurred.