Acuna

We ordered this small claims case transferred to this court (rule 62, Cal. Rules of Court) after the superior court certified the case (rule 63, Cal. Rules of Court) on the ground that it presents important questions of law which are matters of first impression regarding the extent of the superior court’s jurisdiction in a small claims appeal. Those issues are whether an appeal from a judgment rendered in a small claims action may be consolidated with a related case pending in the superior court, and whether the superior court has the power to dismiss the small claims action in its entirety. For reasons explained more fully in this opinion, we hold that the superior court properly concluded that it lacked jurisdiction to make such orders. Therefore, we affirm its order dismissing the appeal in this case and transferring the matter to the small claims court.

I

Appellant Guillermo Acuna filed a small claims action against respondent Gunderson Chevrolet, Inc., seeking damages in the sum of $5,000. He was awarded judgment in the sum of $3,500. Respondent appealed, and trial de novo was set in the superior court for hearing on January 31, 1992.

Two days before the hearing,…