What is the effect of a transfer of a municipal case to a small claims court?
California, United States of America
The following excerpt is from Rosenberg v. Superior Court, 67 Cal.App.4th 860, 79 Cal.Rptr.2d 365 (Cal. App. 1998):
As we have previously discussed, the small claims court is not simply another division or department of the municipal court for purposes of [67 Cal.App.4th 868] transfer. (Jellinek v. Superior Court, supra, 228 Cal.App.3d at p. 658, 279 Cal.Rptr. 6.) Moreover, the power to transfer is not absolute. A transfer must further the ends of justice. (Id. at p. 657, 279 Cal.Rptr. 6.) We conclude that justice is not served when an actively litigated municipal court case is transferred to small claims court.
(b) Transfer to Small Claims Court Frustrates the Purpose of Small Claims Court
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