Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 396 — Place of Trial

Cal. Civ. Proc. Code § 396

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Date
2009-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(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.

Citator

Cal. Civ. Proc. Code § 396 — Place of Trial is in force in the current edition of the Code, and nothing recorded condemns it.

(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.