People v. Columbia Research Corp

In People v. Columbia Research Corp. (1980) 103 Cal.App.3d Supp. 33, the appellate department of the superior court dismissed the People's appeal from judgment of dismissal entered upon a magistrate's ruling sustaining demurrer to a felony complaint on the ground the judgment is nonappealable because a magistrate is not an "inferior court" within the meaning of section 1466, Penal Code which defines appellate department jurisdiction. Nevertheless, the appellate department proceeded to discuss the power of a magistrate to rule on a demurrer to a felony complaint. After deciding that, although a defendant has the right to demur at the time of arraignment and plea before a magistrate, neither the municipal court nor the superior court has jurisdiction to hear the demurrer, the court "decided that the best solution would be a municipal court judge, when confronted with a demurrer to a felony complaint, to refer it to the superior court master calendar judge for assignment to a superior court department." (103 Cal.App.3d Supp. at p. 39.)