Walker v. Superior Court

807 P.2d 418, 53 Cal. 3d 257, 279 Cal. Rptr. 576, 91 Daily Journal DAR 3763, 91 Cal. Daily Op. Serv. 2278, 1991 Cal. LEXIS 1212
CourtCalifornia Supreme Court
DecidedApril 1, 1991
DocketS014626
StatusPublished
Cited by177 cases

This text of 807 P.2d 418 (Walker v. Superior Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Superior Court, 807 P.2d 418, 53 Cal. 3d 257, 279 Cal. Rptr. 576, 91 Daily Journal DAR 3763, 91 Cal. Daily Op. Serv. 2278, 1991 Cal. LEXIS 1212 (Cal. 1991).

Opinions

Opinion

LUCAS, C.J.

—We granted review to resolve a conflict in the Courts of Appeal concerning interpretation of Code of Civil Procedure section 396, which governs the transfer of cases from the superior court to the municipal court when an action fails to meet the superior court’s jurisdictional requirement of an amount in controversy exceeding $25,000. (All further statutory references are to this code unless otherwise indicated.)

One line of decisions, followed by the Court of Appeal in the present case, holds that section 396 precludes transfer if the amount prayed for in the complaint meets the superior court jurisdictional requirement, and the prayer is neither fraudulent nor fictitious on its face. (E.g., Davis v. Superior Court (1972) 25 Cal.App.3d 596, 599-601 [102 Cal.Rptr. 238] (hereafter Davis).) Respondent superior court, represented in this proceeding by county counsel, interprets a recently developed contrary view of section 396 as permitting transfer if it appears to the superior court after a hearing that a judgment in excess of $25,000 is “unlikely” or “not [262]*262reasonably probable.” (E.g., Williams v. Superior Court (1989) 216 Cal.App.3d 378, 381, 382 [264 Cal.Rptr. 677] (hereafter Williams (RD Instruments)), following Campbell v. Superior Court (1989) 213 Cal.App.3d 147 [261 Cal.Rptr. 509] (hereafter Campbell).)

We conclude the former line of cases construes the statute too narrowly, but that respondent interprets the latter too broadly; we shall construe section 396 as requiring transfer when (i) the absence of jurisdiction is apparent before trial from the complaint, petition, or related documents, or (ii) during the course of pretrial litigation, it becomes clear that the matter will “necessarily” result in a verdict below the superior court jurisdictional amount, and the court affords the parties an opportunity to contest transfer. Applying these principles to the present actions, we conclude the superior court abused its discretion in ordering transfer, and accordingly affirm the judgment of the Court of Appeal.

I. Facts and Procedure

Both matters arise from automobile accidents. In each case the petitioner sued to recover damages for personal injuries. The respective records are very sparse and contain no reported hearings. We must therefore rely on the uncontested factual representations in the briefs. They disclose the following:

A. Walker

Petitioner Walker, while riding a motorcycle, was struck by a car driven by an employee of real parties in interest Residential Construction Enterprises and Larry Millikin (hereafter, collectively, RCE). He was thrown onto the hood of the car and landed on the roadway, allegedly causing injuries to his knee, neck, and back. He sued for unspecified medical expenses, lost earnings, property damage, and general damages. RCE filed answers asserting, inter alia, comparative fault on petitioner’s part. In a subsequent at-issue memorandum petitioner claimed general damages of $1 million, continuing medical damages of over $6,000, over $1,800 in continuing lost earnings, and property damage of $750. At some point he entered into a $15,000 settlement with RCE’s employee and continued to pursue his action against RCE.

The matter was referred to arbitration, at which petitioner revised his claim for general damages to $250,000. Ultimately petitioner received a $30,000 arbitration award that, less the $15,000 settlement from the employee, amounted to a $15,000 award against RCE. Both petitioner and RCE sought a trial de novo. Thereafter Judge Workman of respondent Los [263]*263Angeles Superior Court conducted two settlement conferences with the parties and ordered them to attend a “voluntary” settlement conference. The settlement conference was conducted before two pro tempore judges, who recommended a settlement of $25,000.

When the parties next appeared before the court at a status conference, petitioner’s counsel mentioned the settlement recommendation of $25,000. The court reviewed the file, questioned counsel, expressed skepticism about petitioner’s claimed medical expenses and lost wages, and determined that the case did not meet the superior court’s amount-in-controversy minimum of a claim in excess of $25,000. A few days later, without holding a hearing or affording the parties an opportunity to further address the issue, the court ordered the matter transferred to the municipal court. At the same time the court issued an order to show cause regarding that transfer and set a hearing on the matter for a future date.

Petitioner initiated the present action for a writ of mandate directing the superior court to set aside its transfer order and to vacate the hearing date on the order to show cause regarding the transfer.

B. White

Petitioner White was a pedestrian crossing a street when she was struck by a car driven by real party in interest Charles D. Slaton. Her complaint asserted she was “in a cross-walk” at the time of the impact, and prayed for damages “according to proof” for wage loss, hospital and medical expenses, loss of earning capacity, loss of use of property, and general damages.

The matter was referred to arbitration. The Slatons asserted petitioner was not in a crosswalk at the time of the impact. Petitioner presented claims for medical bills over $17,000 and sought more than $10,000 in lost wages; it is unclear whether she also presented claims for general damages. The arbitrator awarded petitioner $25,000 plus costs and noted, “Principles of comparative fault have been applied.” Petitioner prepared a motion for trial de novo but did not file it, assertedly because she learned that the Slatons had moved for a trial de novo. Thereafter, on a date scheduled for a status conference, Judge Kakita of respondent superior court reviewed the case, including the arbitration award, questioned counsel for both parties, and ordered the matter transferred to the municipal court for failure to meet the jurisdictional amount-in-controversy requirement of the superior court.

Petitioner initiated the present action for a writ of mandate directing respondent to set aside its transfer order. The Court of Appeal consolidated the matter with Walker, issued a stay of hearing in the latter action, issued [264]*264alternative writs of mandate in both matters, and eventually filed an opinion granting the requested writs in both matters.

II. Analysis

A. Superior court jurisdiction and section 396

“Superior courts have original jurisdiction in all causes except those given by statute to other trial courts.” (Cal. Const., art. VI, § 10.) In section 86, subdivision (a)(1), the Legislature has defined municipal court jurisdiction as “cases at law in which the demand, exclusive of interest, or the value of the property in controversy amounts to twenty-five thousand dollars ($25,000) or less . . . .” Accordingly, superior court jurisdiction requires an amount in demand exceeding $25,000.

Section 396 governs transfer of matters to and from the superior court. The first, second, and fifth paragraphs of that section are particularly germane.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bastani v. Aghabeigi CA2/8
California Court of Appeal, 2023
Marriage of Macias and Cuevas CA4/2
California Court of Appeal, 2022
City of Norco v. Rodriguez CA4/2
California Court of Appeal, 2020
Marriage of Brewster and Clevenger
California Court of Appeal, 2020
City of Modesto v. Dow Chemical Co.
California Court of Appeal, 2018
In re Ella S. CA1/2
California Court of Appeal, 2016
Conservatorship of Migliore CA2/5
California Court of Appeal, 2016
Bath v. Blue Shield of California CA2/6
California Court of Appeal, 2016
Stuard v. Stuard
244 Cal. App. 4th 768 (California Court of Appeal, 2016)
In re D.K. CA2/4
California Court of Appeal, 2015
In re D.J. CA2/5
California Court of Appeal, 2015
James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc.
239 Cal. App. 4th 1214 (California Court of Appeal, 2015)
TD Auto Finance v. Fitzpatrick CA3
California Court of Appeal, 2015
In re J.C. CA3
California Court of Appeal, 2015
Paprock v. First Transit CA4/1
California Court of Appeal, 2015
In re T.S. CA1/2
California Court of Appeal, 2015
Shokrian v. VF Corp. CA2/1
California Court of Appeal, 2015
Total Transportation Services v. Armenta CA2/5
California Court of Appeal, 2015

Cite This Page — Counsel Stack

Bluebook (online)
807 P.2d 418, 53 Cal. 3d 257, 279 Cal. Rptr. 576, 91 Daily Journal DAR 3763, 91 Cal. Daily Op. Serv. 2278, 1991 Cal. LEXIS 1212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-superior-court-cal-1991.