Magnan

Plaintiff Anchor Marine Repair Co. (Anchor) unsuccessfully sought to appeal its limited civil case to the appellate division of the superior court. It now challenges the adverse decision of the appellate division by appealing to this court. Because decisions of the appellate division are not appealable, and no basis exists for review by way of transfer or extraordinary writ, we dismiss the present appeal.

Facts

Anchor commenced a limited civil case (Code Civ. Proc., § 85) for unlawful detainer in the Orange County Superior Court against defendant Jeff Magnan doing business as Dana Point Jet Ski. The action sought approximately $10,000 in back rent and late fees. The trial court entered judgment for defendant, on condition he pay plaintiff $9,539 “as equitable consideration.” A few weeks before entry of judgment, defendant tendered a check for this amount to plaintiff and it cashed the check. Thereafter, plaintiff filed a notice of appeal in the appellate division of the superior court. Defendant moved to dismiss the appeal on ground that plaintiff, having accepted the benefit of the judgment, could not appeal therefrom. (Al J. Vela & Associates, Inc. v. Glendora Unified…