California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 4 — Of the Place of Trial, Reclassification, and Coordination of Civil Actions, Chapter 1 — Place of Trial, Section 396
(a) No appeal or petition filed in the superior court shall be dismissed solely because the appeal or petition was not filed in the proper state court.
(b) If the superior court lacks jurisdiction of an appeal or petition, and a court of appeal or the Supreme Court would have jurisdiction, the appeal or petition shall be transferred to the court having jurisdiction upon terms as to costs or otherwise as may be just, and proceeded with as if regularly filed in the court having jurisdiction.
Notes
Prohibits a superior court from dismissing an appeal or petition solely because it was filed in the wrong state court. Requires transfer to the court of appeal or Supreme Court when the superior court lacks jurisdiction and one of those courts has it, on just terms, with the matter proceeding as though properly filed there.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 396 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-4/chapter-1/section-396