CALIFORNIA CAS. INS. v. Municipal Court

Plaintiff, California Casualty Insurance Company, purports to appeal after its mandate petition was denied by a superior court judge. The mandate petition was directed at the municipal court. We conclude the appeal must be dismissed because the superior court’s order under review in this appeal does not fall within the scope of appealable orders listed in Code of Civil Procedure section 904.1, subdivision (a).

The mandate petition named as respondent the Municipal Court for the Culver Judicial District of Los Angeles County. The mandate petition sought to compel the municipal court clerk to file a dismissal order. On December 9, 1997, the mandate petition was denied by a superior court judge summarily because of an inadequate record (Serna v. Superior Court (1985) 40 Cal.3d 239, 245-246 [ 219 Cal.Rptr. 420 , 707 P.2d 793 ]; Sherwood v. Superior Court (1979) 24 Cal.3d 183, 186 [ 154 Cal.Rptr. 917 , 593 P.2d 862 ]) and the failure to demonstrate there was no adequate remedy at law. (Code Civ. Proc., § 1086; Phelan v. Superior Court (1950) 35 Cal.2d 363, 370-371 [ 217 P.2d 951 ].) On December 15,1997, plaintiff filed a notice of appeal from the denial of its mandate…