Cook

JThis action was originally begun in the Superior Court of the County of Los Angeles, by a com plaint filed on August 8, 1934. The ease proceeded in that court until the third amended complaint and an answer thereto had been filed. The case then found its way to the Municipal Court of the City of Los Angeles, where a supplemental complaint was filed, the case was tried, and a judgment was entered, from which the defendant appeals. The judgment roll shows that its parts, up to and including the answer to the third amended complaint, were first filed, at various times, in the superior court, and were all re-filed in the municipal court on March 11, 1935. From this we can see that the case was in some manner transferred to the municipal court on or before March 11, 1935, but we have no record of any proceedings for such transfer.

At that time section 396 of the Code of Civil Procedure provided that “If an action or proceeding is commenced in a court which lacks jurisdiction of the subject matter thereof, as determined by the complaint, if there is a court of this state which has such jurisdiction, the action shall not be dismissed but shall, on the application of either party, or on…