Estrada
Estrada v. Ramirez
Opinion
Opinion
Hastings, J.
This is an appeal from a superior court order imposing discovery sanctions against appellant Felipe Estrada (appellant) and his attorney, Joel R. Bander (Bander). After the sanctions had been ordered, the matter was transferred to the municipal court, where it was ultimately resolved. Despite the fact that final resolution of this matter occurred in the municipal court, appellant lodged this appeal in the Court of Appeal. We conclude that jurisdiction over the appeal properly resides with the appellate division of the superior court and we dismiss.
Statement of the Case
This appeal is being processed pursuant to California Rules of Court, rule 17(b), meaning that respondent has failed to file a brief after notice of default. Upon failure of respondent to file a brief after a rule 17(b) notice has been mailed, “the court may accept as true the statement of facts in the appellant’s opening brief and, unless the appellant requests oral argument, may submit the case for decision on the record and on the appellant’s opening brief.” (Cal. Rules of Court, rule 17(b); County of Lake v. Antoni (1993) 18 Cal.App.4th 1102, 1104 [ 22 Cal.Rptr.2d 804 ].)