Andre

Following an unsuccessful settlement conference, the trial court transferred this action from the superior court to the municipal court under the authority of Code of Civil Procedure section 396. The basis for the order was the trial court’s finding that plaintiff was “unlikely” to recover damages in excess of $25,000, and that the matter was therefore within the exclusive jurisdiction of the municipal court. (§ 86.)

Plaintiff filed a petition for writ of mandate with this court, which we summarily denied. The Supreme Court granted review, and subsequently transferred the matter back to this court with directions to issue an alternative writ of mandate, and to consider the effect of Walker v. Superior Court (1991) 53 Cal.3d 257 [ 279 Cal.Rptr. 576 , 807 P.2d 418 ]. We complied with this directive, and partially grant the relief requested by remanding the matter to the superior court for further proceedings.

Facts of the Case

The operative third amended complaint filed by plaintiffs Tony Andre and Lena Andre is entitled “Complaint for Tortious Breach of Insurance Contract,” and seeks both compensatory and punitive damages. It alleged that defendants had procured or…