2-8. What is the procedure for an appeal in a limited civil case?
A. You must file an appeal from a judgment in a limited civil case with the Appellate Division of the Orange County Superior Court. (Rule 8.700 et seq.) You cannot appeal the Appellate Division's decision on appeal to the Court of Appeal; instead, the Appellate Division's judgment on appeal is conclusive. (See Code Civ. Proc. § 904.1(a)(1)(c), § 904.2.) (Limited civil cases are cases that used to be filed in municipal court before that court was unified with the superior court.)
- Click here (PDF) for more information about appeals to the Appellate Division of the Orange County Superior Court.
- The rules for appeals to the Appellate Division are contained at Rules §§ 8.750 to 8.773.
B. You cannot appeal the Appellate Division's judgment granting or denying a petition for writ of mandate or prohibition if the judgment relates to a limited civil case. (Code Civ. Proc., § 904.1(a)(1)(C).)
C. You cannot appeal a superior court's de novo review in a small claims case. (Code Civ. Proc., § 116.780(a).)
D. The Court of Appeal has discretion to order an appeal to the Appellate Division of the Superior Court transferred to it when the Appellate Division certifies that such transfer "is necessary to secure uniformity of decision or to settle an important question of law." (Rules 8.1002, 8.1005.) The Court of Appeal approves a transfer only in exceptional circumstances, and is not bound by the Appellate Division's certification. The Court of Appeal also may order transfer on its own motion, or on a party's petition, but the court has a limited time to do so. (Rule 8.1008.)
