Skip to Main Content

Appeals from Limited Civil, Misdemeanor, and Infraction Cases, Small Claims, and from Appellate Division of the Superior Court Rulings: Transfer to the Court of Appeal

San Diego Law Library

 

The San Diego Law Library is San Diego's access point to legal information, resources, and referrals to help you. Click here for hours and partner locations or contact us at refdesk@sdlawlibrary.org or 619-531-3900.

 

Discussion

If you are dissatisfied with the ruling of the Appellate Division of the Superior Court, your options for having that decision reviewed by a higher court are very limited.

For rules on transferring cases from the Appellate Division of the Superior Court to the Court of Appeal, see California Rules of Court 8.1000 - 8.1008.

The Appellate Division of the Superior Court may certify a case for transfer to the Court of Appeal on its own motion or on a party's application. See California Rule of Court 8.1005(a)(1).

Please note that because a petitioner must show that transfer to the Court of Appeal is "necessary to secure uniformity of decision or to settle an important question of law," and not simply that the judge made a mistake or was unfair, certification and transfer to the Court of Appeal is rarely granted.

The decision of the Appellate Division of the Superior Court is usually final and not appealable.