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Rosenberg v. Superior Court of Santa Clara County11/10/1998
(Santa Clara County Super.Ct.No. CV766833)
(Santa Clara County Super.Ct.No. CV767719)
(Santa Clara County Super.Ct.No. CV769286)
(Santa Clara County Super.Ct.No. CV769534)
(Santa Clara County Super.Ct.No. CV769883)
(Santa Clara County Super.Ct.No. CV767660)
INTRODUCTION
The defendants in six municipal court personal injury actions petitioned this court for six writs of mandate directing the Santa Clara County Superior Court to vacate its order of January 5, 1998, denying their petitions for writ of mandate below. The petitions below sought to vacate the orders of the municipal court transferring each case to small claims court, over defendants' objections. We granted an alternative writ and issued an order to show cause to determine an issue of first impression: whether the municipal court may transfer actively litigated cases from its own docket to its small claims division when the plaintiff voluntarily waives damages in excess of $5,000.
We find that the municipal court is not empowered to order such transfers and therefore issue a peremptory writ directing the superior court to vacate its order and to enter a new order granting the six petitions for writ of mandate. As we shall further explain, the purpose of small claims court is to quickly and inexpensively resolve small civil disputes, and this purpose is frustrated when a case is transferred to small claims court after it has been litigated in municipal court. We also find there is no authority which permits transfer from municipal court to small claims court.
FACTUAL AND PROCEDURAL BACKGROUND
All six petitions for writ of mandate concern personal injury cases with very similar factual and procedural backgrounds. Each case arose from a minor automobile accident involving a rear end collision, and was initially filed in either municipal or superior court in 1996. The superior court cases were later transferred by stipulation of the parties to municipal court.
Defendants answered the complaints, and discovery took place in all cases. In some cases, depositions were taken and expert medical evaluations and accident reconstruction reports obtained by defendants. Non-binding judicial arbitration was completed in four cases. All of the arbitration awards issued in favor of the plaintiff, and the amount of the awards ranged from approximately $4,000 to $13,000. Defendants rejected all of the awards, and requested trial de novo in each case.
The municipal court then set pretrial conferences and trial dates in each of the six cases. Around the time of the pretrial conferences, the plaintiffs voluntarily agreed to waive their claims to damages over the small claims court jurisdictional limit of $5,000. The cases were then transferred to small claims court upon either a noticed motion, an informal motion made during the pretrial conference, or the sua sponte motion of the municipal court Judge.
Defendants challenged the propriety of the orders transferring their cases to small claims court, by way of petitions for writ of mandate to the superior court. The City of San Jose was permitted to file amicus briefing in support of the defendants' petitions. The superior court issued an alternative writ in each case, and set oral argument regarding all six petitions.
After hearing oral argument, the superior court denied all six petitions for writ of mandate in its order of January 5, 1998. Petitioners now seek writ relief from the superior court's order. We consolidated the six petitions for writ of mandate on our own motion, issued an alternative writ and order to show cause, an
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