Trafficschoolonline, Inc. v. Superior Court

*225 Opinion

I. Introduction

Plaintiff, TrafficSchoolOnline, Inc. (plaintiff), has filed a mandate petition seeking to set aside the respondent court’s order of August 18, 2000, transferring the present matter to this court pursuant to Code of Civil Procedure section 396. Plaintiff contends that the respondent court had no authority to transfer a case to the Court of Appeal pursuant to Code of Civil Procedure section 396. We conclude first that the respondent court could not, in compliance with Code of Civil Procedure section 396, transfer this case from itself to the California Court of Appeal. In this regard, we conclude that the superior court is not vested with the authority by Code of Civil Procedure section 396 to transfer a case to the Court of Appeal or the Supreme Court. Further, we conclude that respondent court had subject matter jurisdiction to consider the merits of plaintiff’s claims concerning a proposed home study traffic school program. Accordingly, we issue our peremptory writ of mandate.

II. Procedural History

On September 3, 1999, plaintiff filed its amended petition for writ of mandate in Los Angeles Superior Court. Named as defendants were: Frederick K.…

I concur in the judgment and that portion of the majority opinion which concludes respondent court has subject matter jurisdiction to consider the merits of plaintiff’s claims concerning a proposed home study traffic school program. I dissent from that portion of the majority opinion relating to Code of Civil Procedure section 396 for two reasons. First, because we conclude respondent court has subject matter jurisdiction, Code of Civil Procedure section 396 is not applicable by its own terms (“If an action or proceeding is commenced in a court that lacks *238 jurisdiction of the subject matter thereof . . .”). Accordingly, the entire discussion in the majority opinion is dictum. Second, I disagree on the merits for the reasons stated in Padilla v. Department of Alcoholic Beverage Control (1996) 43 Cal.App.4th 1151, 1154-1147 [ 51 Cal.Rptr.2d 133 ],

On May 31, 2001, the opinion was modified to read as printed above.

Plaintiff, TrafficSchoolOnline, Inc., (plaintiff) has filed a mandate petition seeking to set aside the respondent court's order of August 18, 2000, transferring the present matter to this court pursuant to Code of Civil Procedure section 396. Plaintiff contends that the respondent court had no authority to transfer a case to the Court of Appeal pursuant to Code of Civil Procedure section 396. We conclude first that the respondent court could not, in compliance with Code of Civil Procedure section 396, transfer this case from itself to the California Court of Appeal. In this regard, we conclude that the superior court is not vested with the authority by Code of Civil Procedure section 396 to transfer a case to the Court of Appeal or the Supreme Court. Further, we conclude that respondent court had subject matter jurisdiction to consider the merits of plaintiffs claims concerning a proposed home study traffic school program. Accordingly, we issue our peremptory writ of mandate.

On September 3, 1999, plaintiff filed its amended petition for writ of mandate in Los Angeles Superior Court. Named as defendants were: Frederick K. Ohlrich, the former Court Administrator of…