Maldonado

I

Joseph Maldonado filed the underlying action against Jo Corrigan, alleging he had sustained injuries to his lower back and neck as the driver of the first car in a four-car pileup. Corrigan, the only defendant in this action, was the driver of the third car. Driver four fled the scene; driver two had come to a full stop before the third car hit it, pushing it into Maldonado’s car.

The matter proceeded to arbitration where Maldonado was awarded special damages of $7,628 and general damages of $16,000. The arbitrator found Corrigan 25 percent responsible for Maldonado’s damages; 75 percent liability was assessed against driver number four.

Maldonado requested a trial de novo, but before the case was set for trial, the court conducted a Code of Civil Procedure section 396 hearing. As a result, the matter was transferred to municipal court. It is from that order Maldonado seeks relief.

Maldonado petitioned for a peremptory writ of mandate. We invited responses from the court and the real party in interest. We received preliminary opposition from Corrigan, but none from the court. Issuance of an alternative writ would not assist our resolution of this matter because the…