§ 396 Superior court lacking jurisdiction of appeal or petition; transfer to court having jurisdiction

Codes > California Code of Civil Procedure > Part 2 > Title 4 : Chapter 1 > 396

§ 396. Superior court lacking jurisdiction of appeal or petition; transfer to court having jurisdiction

    (a) No appeal or petition filed in the superior court shall be dismissed solely because the appeal or petition was not filed in the proper state court.

    (b) If the superior court lacks jurisdiction of an appeal or petition, and a court of appeal or the Supreme Court would have jurisdiction, the appeal or petition shall be transferred to the court having jurisdiction upon terms as to costs or otherwise as may be just, and proceeded with as if regularly filed in the court having jurisdiction.