Section § 116.710

Explanation

In California small claims court, if you're the person who started the lawsuit (the plaintiff), you can't appeal the judgment unless you didn't show up at the hearing. You can then request for the judgment to be canceled. However, if you're the person being sued (the defendant) or a plaintiff dealing with a counterclaim, you can appeal to a higher court. Also, if the defendant has insurance and the judgment is over $2,500, the insurance company can appeal, but only if the insurance covers the issue. If a defendant didn’t attend the hearing, they can't appeal directly but can ask to cancel the judgment and appeal if that's denied.

(a)CA Civil Procedure Code § 116.710(a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s claim, but a plaintiff who did not appear at the hearing may file a motion to vacate the judgment in accordance with Section 116.720.
(b)CA Civil Procedure Code § 116.710(b) The defendant with respect to the plaintiff’s claim, and a plaintiff with respect to a claim of the defendant, may appeal the judgment to the superior court in the county in which the action was heard.
(c)CA Civil Procedure Code § 116.710(c) With respect to the plaintiff’s claim, the insurer of the defendant may appeal the judgment to the superior court in the county in which the matter was heard if the judgment exceeds two thousand five hundred dollars ($2,500) and the insurer stipulates that its policy with the defendant covers the matter to which the judgment applies.
(d)CA Civil Procedure Code § 116.710(d) A defendant who did not appear at the hearing has no right to appeal the judgment, but may file a motion to vacate the judgment in accordance with Section 116.730 or 116.740 and also may appeal the denial of that motion.

Section § 116.720

Explanation

If you were the person suing (plaintiff) and missed your small claims court hearing, you can ask the court to cancel the judgment. You need to submit this request within 30 days from when the judgment was mailed to you. The court will set a date to hear your request, giving at least 10 days notice of the hearing date. If you have a good reason for missing the original hearing, the court might allow your request even if the other person (defendant) isn't there. If your request is approved and everyone involved is there and agrees, the court might deal with the case immediately. Otherwise, the case will be rescheduled, and you'll be informed of the new date.

(a)CA Civil Procedure Code § 116.720(a) A plaintiff who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be filed within 30 days after the clerk has mailed notice of entry of the judgment to the parties.
(b)CA Civil Procedure Code § 116.720(b) The clerk shall schedule the hearing on the motion to vacate for a date no earlier than 10 days after the clerk has mailed written notice of the date, time, and place of the hearing to the parties.
(c)CA Civil Procedure Code § 116.720(c) Upon a showing of good cause, the small claims court may grant the motion. If the defendant is not present, the court shall hear the motion in the defendant’s absence.
(d)CA Civil Procedure Code § 116.720(d) If the motion is granted, and if all parties are present and agree, the court may hear the case without rescheduling it. If the defendant is not present, the judge or clerk shall reschedule the case and give notice in accordance with Section 116.330.

Section § 116.725

Explanation

This law allows either the court or a party to correct a clerical error or overturn a judgment if there's an incorrect legal foundation. The court can initiate this on its own anytime, while a party must do so within 30 days after they receive notice of the judgment. Each party is allowed to make only one such motion.

(a)CA Civil Procedure Code § 116.725(a) A motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis for the decision may be made as follows:
(1)CA Civil Procedure Code § 116.725(a)(1) By the court on its own motion at any time.
(2)CA Civil Procedure Code § 116.725(a)(2) By a party within 30 days after the clerk mails notice of entry of judgment to the parties.
(b)CA Civil Procedure Code § 116.725(b) Each party may file only one motion to correct a clerical error or to set aside and vacate the judgment on the ground of an incorrect or erroneous legal basis for the decision.

Section § 116.730

Explanation

If you missed your small claims court hearing and there's a judgment against you, you can ask the court to cancel it by filing a motion within 30 days after you get notified of the judgment. You should attend the hearing about your request or explain why you can't. The court might cancel the judgment if you have a good reason. If they do, and both parties are there and agree, they may immediately continue with the case; if not, they'll reschedule. If your request is denied, you can appeal the denial to a higher court within 10 days. If the appeal is successful, the higher court can handle the case right away if everyone is present or send it back to the small claims court.

(a)CA Civil Procedure Code § 116.730(a) A defendant who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be filed within 30 days after the clerk has mailed notice of entry of the judgment to the parties.
(b)CA Civil Procedure Code § 116.730(b) The defendant shall appear at any hearing on the motion, or submit written justification for not appearing together with a declaration in support of the motion.
(c)CA Civil Procedure Code § 116.730(c) Upon a showing of good cause, the court may grant the motion to vacate the judgment. If the plaintiff is not present, the court shall hear the motion in the plaintiff’s absence.
(d)CA Civil Procedure Code § 116.730(d) If the motion is granted, and if all parties are present and agree, the court may hear the case without rescheduling it. If the plaintiff is not present, the judge or clerk shall reschedule the case and give notice in accordance with Section 116.330.
(e)CA Civil Procedure Code § 116.730(e) If the motion is denied, the defendant may appeal to the superior court only on the denial of the motion to vacate the judgment. The defendant shall file the notice of appeal with the clerk of the small claims court within 10 days after the small claims court has mailed or delivered notice of the court’s denial of the motion to vacate the judgment.
(f)CA Civil Procedure Code § 116.730(f) If the superior court determines that the defendant’s motion to vacate the judgment should have been granted, the superior court may hear the claims of all parties without rescheduling the matter, provided that all parties are present and the defendant has previously complied with this article, or may order the case transferred to the small claims court for a hearing.

Section § 116.740

Explanation

If you were a defendant in a small claims case and weren’t properly notified (or served) about the hearing, and you didn’t show up, you can ask the court to cancel the decision against you. You need to do this by filling out some paperwork and a statement explaining your situation, and you have 180 days to act from when you found out or should have found out about the judgment. The court might stop the decision from being carried out while they decide whether to cancel it. If you have a good reason, the court could agree to cancel the judgment even if the other side isn’t there. Some rules from a related section also apply to this process.

(a)CA Civil Procedure Code § 116.740(a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the defendant may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be accompanied by a supporting declaration, and shall be filed within 180 days after the defendant discovers or should have discovered that judgment was entered against the defendant.
(b)CA Civil Procedure Code § 116.740(b) The court may order that the enforcement of the judgment shall be suspended pending a hearing and determination of the motion to vacate the judgment.
(c)CA Civil Procedure Code § 116.740(c) Upon a showing of good cause, the court may grant the motion to vacate the judgment. If the plaintiff is not present, the court shall hear the motion in the plaintiff’s absence.
(d)CA Civil Procedure Code § 116.740(d) Subdivisions (d), (e), and (f) of Section 116.730 apply to any motion to vacate a judgment.

Section § 116.745

Explanation

When someone files a motion to cancel a previous judgment or decision, they need to pay a $20 fee to the court clerk.

The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.

Section § 116.750

Explanation

If you want to appeal a judgment from a small claims court, you need to file a notice of appeal with the court's clerk. This needs to be done within 30 days after you receive the judgment notification. If you miss this deadline, your appeal won't be considered. Also, asking for a correction of a mistake doesn't extend the deadline for appealing. However, if the judgment gets changed and a new notification is sent, a new 30-day period will start from that notification date.

(a)CA Civil Procedure Code § 116.750(a) An appeal from a judgment in a small claims action is taken by filing a notice of appeal with the clerk of the small claims court.
(b)CA Civil Procedure Code § 116.750(b) A notice of appeal shall be filed not later than 30 days after the clerk has delivered or mailed notice of entry of the judgment to the parties. A notice of appeal filed after the 30-day period is ineffective for any purpose.
(c)CA Civil Procedure Code § 116.750(c) The time for filing a notice of appeal is not extended by the filing of a request to correct a mistake or by virtue of any subsequent proceedings on that request, except that a new period for filing notice of appeal shall begin on the delivery or mailing of notice of entry of any modified judgment.

Section § 116.760

Explanation

If you want to appeal a decision, you'll need to pay a $75 fee. Those who aren't making the appeal don't need to pay anything to file documents about the appeal. The fee is split between the county law library fund and the Trial Court Trust Fund.

(a)CA Civil Procedure Code § 116.760(a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal.
(b)CA Civil Procedure Code § 116.760(b) A party who does not appeal shall not be charged any fee for filing any document relating to the appeal.
(c)CA Civil Procedure Code § 116.760(c) The fee shall be distributed as follows:
(1)CA Civil Procedure Code § 116.760(c)(1) To the county law library fund, as provided in Section 6320 of the Business and Professions Code, the amount specified in Section 6321 and 6322.1 of the Business and Professions Code.
(2)CA Civil Procedure Code § 116.760(c)(2) To the Trial Court Trust Fund, the remainder of the fee.

Section § 116.770

Explanation

If you appeal a small claims decision in California, the case goes to a new hearing in superior court with a different judge. This hearing is informal and doesn't allow for things like pretrial investigations or jury trials. The rules from small claims court still apply, but lawyers can now participate. All claims from the original case are reviewed again. The court will notify you of the hearing date, and the Judicial Council can make additional rules about the process.

(a)CA Civil Procedure Code § 116.770(a) The appeal to the superior court shall consist of a new hearing before a judicial officer other than the judicial officer who heard the action in the small claims division.
(b)CA Civil Procedure Code § 116.770(b) The hearing on an appeal to the superior court shall be conducted informally. The pretrial discovery procedures described in Section 2019.010 are not permitted, no party has a right to a trial by jury, and no tentative decision or statement of decision is required.
(c)CA Civil Procedure Code § 116.770(c) Article 5 (commencing with Section 116.510) on hearings in the small claims court applies in hearings on appeal in the superior court, except that attorneys may participate.
(d)CA Civil Procedure Code § 116.770(d) The scope of the hearing shall include the claims of all parties who were parties to the small claims action at the time the notice of appeal was filed. The hearing shall include the claim of a defendant that was heard in the small claims court.
(e)CA Civil Procedure Code § 116.770(e) The clerk of the superior court shall schedule the hearing for the earliest available time and shall mail written notice of the hearing to the parties at least 14 days prior to the time set for the hearing.
(f)CA Civil Procedure Code § 116.770(f) The Judicial Council may prescribe by rule the practice and procedure on appeal and the time and manner in which the record on appeal shall be prepared and filed.

Section § 116.780

Explanation

Once the superior court makes a decision on an appeal, you can't appeal that decision again. The rules for small claims court judgments also apply here, with one exception. If it's necessary for fairness, the court can award you up to $150 each for reasonable attorney fees and other costs like lost earnings or travel expenses related to the appeal.

(a)CA Civil Procedure Code § 116.780(a) The judgment of the superior court after a hearing on appeal is final and not appealable.
(b)CA Civil Procedure Code § 116.780(b) Article 6 (commencing with Section 116.610) on judgments of the small claims court applies to judgments of the superior court after a hearing on appeal, except as provided in subdivision (c).
(c)CA Civil Procedure Code § 116.780(c) For good cause and where necessary to achieve substantial justice between the parties, the superior court may award a party to an appeal reimbursement of (1) attorney’s fees actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150), and (2) actual loss of earnings and expenses of transportation and lodging actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150).

Section § 116.790

Explanation

If a superior court decides that someone appealed a case just to annoy, delay, or pressure the other party, it may require the appellant to pay the other party’s legal costs up to $1,000 and cover any lost earnings or travel expenses, also up to $1,000. This decision would follow a hearing.

If the superior court finds that the appeal was without substantial merit and not based on good faith, but was intended to harass or delay the other party, or to encourage the other party to abandon the claim, the court may award the other party (a) attorney’s fees actually and reasonably incurred in connection with the appeal, not exceeding one thousand dollars ($1,000), and (b) any actual loss of earnings and any expenses of transportation and lodging actually and reasonably incurred in connection with the appeal, not exceeding one thousand dollars ($1,000), following a hearing on the matter.

Section § 116.795

Explanation

If someone appeals a small claims decision and doesn’t show up at the hearing or if the appeal takes over a year to be heard, the superior court can dismiss the appeal. If this happens, the small claims court will act like the appeal never existed and resume control over the case.

(a)CA Civil Procedure Code § 116.795(a) The superior court may dismiss the appeal if the appealing party does not appear at the hearing or if the appeal is not heard within one year from the date of filing the notice of appeal with the clerk of the small claims court.
(b)CA Civil Procedure Code § 116.795(b) Upon dismissal of an appeal by the superior court, the small claims court shall thereafter have the same jurisdiction as if no appeal had been filed.

Section § 116.798

Explanation

This section explains the process for obtaining different types of writs—basically orders from a higher court to a lower one—when dealing with small claims cases in California. If someone wants a writ about an act of the small claims division (except for postjudgment actions), it can be heard by judges from the appellate division, the Court of Appeal, or even the Supreme Court. The fees for these requests are the same as filing a normal appeal, and the Judicial Council will provide the procedural rules. Notably, you can't directly appeal a decision granting or denying these writs, but an appellate court might choose to review them. Additionally, writs related to postjudgment enforcement can be reviewed by several higher courts, including the appellate division.

(a)Copy CA Civil Procedure Code § 116.798(a)
(1)Copy CA Civil Procedure Code § 116.798(a)(1)  A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small claims division, other than a postjudgment enforcement order, may be heard by a judge who is assigned to the appellate division of the superior court.
(2)CA Civil Procedure Code § 116.798(a)(2) A petition described by paragraph (1) may also be heard by the court of appeal or by the Supreme Court.
(3)CA Civil Procedure Code § 116.798(a)(3) Where a judge described in paragraph (1) grants a writ directed to the small claims division, the small claims division is an inferior tribunal for purposes of Title 1 (commencing with Section 1067) of Part 3.
(4)CA Civil Procedure Code § 116.798(a)(4) The fee for filing a writ petition in the superior court under paragraph (1) is the same as the fee for filing a notice of appeal under Section 116.760.
(5)CA Civil Procedure Code § 116.798(a)(5) The Judicial Council shall promulgate procedural rules for a writ proceeding under paragraph (1).
(6)CA Civil Procedure Code § 116.798(a)(6) An appeal shall not be taken from a judgment granting or denying a petition under paragraph (1) for issuance of a writ. An appellate court may, in its discretion, upon petition for extraordinary writ, review the judgment.
(b)CA Civil Procedure Code § 116.798(b) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of a superior court in a small claims appeal may be heard by the court of appeal or by the Supreme Court.
(c)CA Civil Procedure Code § 116.798(c) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to a postjudgment enforcement order of the small claims division may be heard by the appellate division of the superior court, by the court of appeal, or by the Supreme Court.