Bloniarz

On December 6, 1966, the Municipal Court of the Santa Monica Judicial District entered a default judgment for $1,715 in favor of plaintiff. On September 14, 1967, defendant filed a notice of motion to vacate the judgment and the entry of default upon which it was based on the ground that they “were procured by extrinsic fraud and/or extrinsic mistake.’’ This motion was denied on September 26, 1967. Defendant appeals.

Although plaintiff resisted the motion on the merits, he also urged that a municipal court does not have jurisdiction to entertain a motion to vacate a judgment obtained by extrinsic *146 fraud or mistake. The minute order disposing of the motion merely states “Denied” without indicating whether the ruling was based on the merits or on lack of jurisdiction.

The appellate department of the superior court affirmed the order on the ground that the municipal court lacked jurisdiction. That department also held that the municipal court had no authority to transfer the cause to the superior court under Code of Civil Procedure section 396. Under the authority of rules 62 and 63 of the California Rules of Court, however, the appellate department certified the cause to the…