SMALL CLAIMS APPEALS 
Can I Appeal a Small Claims Decision?
Only a defendant may appeal a small claims judgment.  A plaintiff may not appeal a small claims judgment.  The deadline to file the appeal is 30 days from the date of mailing the notice of entry of judgment.     
How to Appeal a Small Claims Decision:
Within 30 days from the notice of entry of judgment, a defendant may appeal the decision of the small claims commissioner or judge by filing a Notice of Appeal with the Superior Court in your county.  The appeal will be scheduled for a Trial De Novo, and the parties will be notified of the Trial De Novo hearing date by mail.
What is a Trial De Novo?

A trial de novo is the hearing on your appeal.  The hearing is heard by a Superior Court judge in civil court, rather than a small claims judge or commissioner.  A de novo hearing means the court will hear the case without regard to what happened at the first hearing in small claims.

 

Hiring an attorney:

An attorney may represent any party at the appeal hearing.  If you wish to hire an attorney to represent you or prepare paperwork for your appeal, contact my office for a consultation.  

 

What happens when a judgment is entered in the Trial De Novo?

Judgment on the appeal is final.  You cannot appeal the judgement from the small claims trial de novo. 

 

 

 

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Suite 1770

San Diego, CA 92101

 

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This site is for information only.  The information you obtain at this site is not, nor is it intended to be, legal advice.  While we invite you to contact this law firm, contacting this law firm does not create an attorney-client relationship.  The information on this website is legal information, not legal advice and is not a substitute for a consultation with a licensed attorney.  Michelle Patterson, Esq. is an attorney licensed to practice law in the State of California, and in the Federal Districts of the Southern and Central Districts of California (San Diego, Los Angeles, Riverside, and Orange Counties.)   

 

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