Ash

The issue in this case is whether a writ petition filed in the appellate department of the superior court is the exclusive means to obtain appellate review of a municipal court’s order denying a motion to transfer a case to the superior court when that motion is made on the ground that the damages at issue exceed the municipal court’s jurisdiction. We hold that it is not, and that the municipal court’s order denying transfer may be reviewed by the appellate department on appeal from a final, appealable judgment.

Background

In 1990, Hiram Ash sued The Hertz Corporation and Marquita Whitcomb (collectively Hertz) for personal injury and property damages allegedly sustained in a 1989 automobile accident. Hertz was served in 1993, at which time it answered and cross-complained for property damage. In March 1994, with trial set for the following month, Ash filed a motion to transfer the case to the superior court on the ground that his damages exceeded $25,000, which was denied. In April, Ash filed a petition for a writ of mandate, which was summarily denied by the appellate department of the superior court. In 1995, on Hertz’s motion, the case was dismissed for failure to…