Legal Question in Appeals and Writs in California

Appeal in Small Claims with Counterclaim

Hi,

I was taken to Small claims court by the plaintiff, and I also filed a counterclaim.

The judge awarded me my full claim amount and awarded the plaintiff only HALF his claim amount.

Now the plaintiff has filed an appeal.

Does this mean that BOTH the original claims will be reheard? or will only my original claim be reheard?

Does that mean that I might be ordered to pay the plaintiff the full amount of his claim, and that I might not get the full amount of my claim this time?

Thanks.


Asked on 12/27/08, 5:45 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Appeal in Small Claims with Counterclaim

An unsuccessful small-claims plaintiff cannot appeal from the judgment on his claim. He can only appeal from the judgment on the cross-claim.

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Answered on 12/27/08, 7:50 pm


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