Knudson v. Superior Court

In Knudson v. Superior Court (1968) 267 Cal. App. 2d 876, 73 Cal. Rptr. 513, the defendant appealed the municipal court judgment to the appellate division of the superior court, which then dismissed the appeal on the ground that it was not timely filed. The defendant petitioned the Court of Appeal for a writ of mandate to compel the appellate division to hear the appeal. In granting relief to the defendant, the court rejected the plaintiff's argument that the certification procedure eliminates the authority of the Court of Appeal to mandamus the superior court. The court reasoned as follows: "We . . . point out that section 911 of the Code of Civil Procedure is conditioned upon matters pertaining to uniformity of decision and settling important questions of law. We consider that a lower court's refusal to exercise jurisdiction under the circumstances of this case is not such a matter." ( Knudson, supra, at p. 880.)