Williams v. Superior Court

Stephanie Williams, the plaintiff in a slip-and-fall accident, is petitioning for a writ directing the respondent court to vacate its order transferring the case to the municipal court based on the amount in controversy.

The issues are (1) whether the superior court has discretion to transfer a case to the municipal court upon a determination the plaintiff cannot obtain a judgment in excess of $25,000, the jurisdictional minimum of the superior court, and, if so, the permissible scope of such transfer; and (2) whether the superior court abused its discretion in ordering a transfer under the specific circumstances present here.

We hold that the superior court has discretion pursuant to Code of Civil Procedure section 396 to transfer a case to the municipal court. Such a transfer requires a hearing to be conducted. The trial court must be thoroughly familiar with the case and have evaluated the allegations in the pleadings, including the amount in the prayer of the complaint. Also to be considered are any assessments made in any settlement conference and the value of the case as determined through any arbitration proceedings.

We find the transfer to the municipal court…