California Code of Civil Procedure Section 911 - Interpretation
In Snukal v. Flightways Manufacturing, Inc. (2000) 23 Cal. 4th 754, the Supreme Court concluded that under Code of Civil Procedure section 911 and its implementing rules, courts of appeal that transfer cases arising on appeal to the appellate division lack authority to resolve selected issues and then remand the cases to the appellate division for resolution of remaining issues. (23 Cal. 4th at p. 776.)
In reaching this conclusion, the court in Snukal analyzed the numerous changes in the law made to facilitate unification of the municipal and superior courts. (Id. at p. 763, fn. 2.)
It determined that these modifications "do not alter the basic authority of the Court of Appeal to order transfer when the superior court certifies or the Court of Appeal on its own motion determines 'that such transfer appears necessary to secure uniformity of decision or to settle important questions of law.'" ( Id. at p. 764, fn. 2.)
Because the changes in question expanded the jurisdiction of appellate divisions to include original jurisdiction over writ proceedings, but did not alter the authority of courts of appeal to transfer cases, it follows that an appellate court may not transfer proceedings arising from the original jurisdiction of the appellate division.