Garau

Garau v. Torrance Unified School District

Good Law
137 Cal. App. 4th 192·2006 Cal. App. LEXIS 279·2006 Daily Journal DAR 2475·40 Cal. Rptr. 3d 108·2006 Cal. Daily Op. Serv. 1741
Court of Appeal of CaliforniaMarch 1, 2006B180683California3,669 words

Opinion

Opinion

Woods, J.

Carlos, Liliana and Odalys Garau appeal from an order of the superior court reclassifying their case and transferring it to a limited jurisdiction department. On appeal from the reclassification order, appellants also claim error with respect to orders which preceded reclassification, including an order dismissing the seventh cause of action seeking a writ of mandate and an order sustaining respondent, Torrance Unified School District’s demurrer to the fifth (declaratory relief) and sixth (injunctive relief) causes of action without leave to amend. Notwithstanding Code of Civil Procedure section 403.080 specifies a reclassification order is reviewable on a petition for a writ of mandate, appellants claim the reclassification order here is in effect an appealable “final judgment” because the transfer to the limited jurisdiction department of the superior court eliminated the right to appellate review of the dismissed causes of action for mandamus and equitable relief. We do not agree. The dismissed causes of action are beyond the appellate review powers of the appellate department of the superior court. Nonetheless, upon the timely filing of a petition for a writ of…

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