Judge: Michelle Williams Court, Case: 24STCV03737, Date: 2024-06-06 Tentative Ruling

Case Number: 24STCV03737    Hearing Date: June 6, 2024    Dept: 1

24STCV03737           RANDY ABRAHAM GALLO vs THE LOS ANGELES SUPERIOR COURT

Respondent The People of the State of California’s Motion To Transfer Writ Petition To The Appellate Division

TENTATIVE RULING:    The Motion To Transfer Writ Petition To The Appellate Division is GRANTED. The petition shall be reassigned to the Appellate Division.  Moving party to give notice.

Background

On February 14, 2024, Randy Abraham Gallo filed a petition for writ of mandate or prohibition seeking review of the trial court's denial of a demurrer and motion to strike directed at the criminal complaint against him in Los Angeles Superior Court case 3SV02004 People of the State of California v. Gallo.

The petition was initially assigned to an unlimited civil law courtroom, Department 20 of the Stanley Mosk Courthouse.

On February 20, 2024, Judge Kevin C. Brazile issued an order providing, in relevant part, “The Court, after reviewing this case, is transferring this case to Department 1 for review of the petition and reassignment to the Writs and Receivers department.”

On February 22, 2024, this Court issued an order providing, in relevant part: “[g]ood cause appearing and on order of the Court, the above matter is reassigned at the direction of the Supervising Judge to Judge James C. Chalfant in Department 85 at the Stanley Mosk Courthouse for all further proceedings.”

On May 23, 2024, Judge Chalfant issued an order providing, in part: “[t]he case is ordered transferred to Department One for review and reassignment to the Appellate Division. Notice is waived. LATER: After conferring with the Judicial Assistant in Department One, the motion to transfer scheduled for 06/06/2024 will remain on calendar as previously set. The Judicial Assistant in Department 85 gives telephonic notice to both sides this date.”

Discussion

The Local Rules of the Los Angeles Superior Court govern the assignment of cases between its districts and departments. (Code Civ. Proc. § 402.) The court may transfer cases that are filed in an incorrect department. (See generally People v. Superior Court of San Bernardino County (1930) 104 Cal.App. 276, 281 (“The juvenile court is itself a superior court, although acting in a particular class of cases, and has an inherent power to transfer a case to another department of the same court, when the limits of its special powers are reached.”); Saks v. Damon Raike & Co. (1992) 7 Cal.App.4th 419, 430 n.8 (“Although the parties do not address this point, we note that the trial court could have, on its own motion, transferred this action to the probate department . . . rather than dismissing it.”).)

The parties acknowledge and agree that the petition filed in 24STCV03737 is a writ seeking appellate review of a ruling in a misdemeanor case. (Mot. at 6:4-6 (“The writ petition seeks review of the trial court’s denial of Gallo’s demurrer to the criminal complaint.”); Opp. at 1:21-24 (“Petitioner / Defendant had brought this Petition for Writ of Mandate / Prohibition in response to the trial court’s denial of his Demurrer to Respondent / Plaintiff’s misdemeanor criminal complaint against him.”).)

Under the applicable Local Rules of the Los Angeles Superior Court, petitions seeking writ review of a ruling in a misdemeanor proceeding should be filed in the Appellate Division. (LASC Local Rules, rule 2.1(f) (“The department designated by the Presiding Judge to hear appeals and writ petitions in limited civil and criminal cases constitutes the Appellate Division of the Los Angeles Superior Court.”); rule 2.7 (“. . . the following actions, proceedings, and procedures are assigned in the CENTRAL DISTRICT (Stanley Mosk Courthouse) as follows: Appeal from judgment or order in misdemeanor, infraction, and limited civil case (except small claims case), from anywhere in the county . . . Appellate Division. . . . Petition for writ of review, mandate, or prohibition in misdemeanor, infraction, and limited civil case, from anywhere in the county . . . Appellate Division.”); rule 9.1(c)(1) (“The Appellate Division has jurisdiction over all petitions for writs of mandate, prohibition, and review (certiorari) in any misdemeanor, infraction, or limited civil case. (Code Civ. Proc., §§ 1068(b), 1085(b) and 1103(b).).”).)

The Court finds the case was improperly filed and should be transferred to the Appellate Division, which is the proper division to rule on The People’s arguments regarding the merits and timeliness of the petition.

Accordingly, the motion is GRANTED as to the request to transfer the action. The Court declines to reach the merits of the petition.