Miller v. Superior Court CA1/1

DISCUSSION

We conclude this court does not have jurisdiction to review the Appellate Division’s order. A state appellate court does not have jurisdiction to review limited jurisdiction decisions of an appellate division by way of direct appeal. (See Anchor Marine Repair Co. v. Magnan (2001) 93 Cal.App.4th 525, 528 (Anchor Marine) [“the general statute conferring jurisdiction on the Court of Appeal expressly excludes appeals in limited civil cases”], citing Code Civ. Proc., § 904.1, subd. (a).) “There are only two procedures that permit us to review decisions of the appellate division under certain circumstances: certification and extraordinary writ.” (Anchor Marine, supra, 93 Cal.App.4th at p. 528.) Under California Rules of Court, rule 8.1005(a)(1), an appellate division may certify a case for transfer to the Court of Appeal, either on its own motion or on the motion of a party. The appellate division’s certification must “[b]riefly describe why transfer is necessary to secure uniformity of decision or to settle an important question of law . . . .” (Cal. Rules of Court, rule 8.1005(d)(2).) Similarly, the Court of Appeal may order a case transferred to it for hearing and…