Legal Question in Appeals and Writs in California

Re: Appeal on Small Claims Judgement

The plaintiff can only appeal from the judgment on the cross-complaint, not on its own complaint.

Re: Appeal on Small Claims Judgement

I thought of another angle on your case. Fax the other side and remind them that it is a misdemeanor to appear in court on behalf of a suspended corporation, using the statute I cited the last time you asked your question, and remind them that a law enforcement officer will be present. Could be such a tactic will dissuade them from even showing up. If you were to draw another judge like you had the first time, and he or she were to award the suspended corporation money on their complaint, you could have an attorney file a petition for a writ of mandate since such a ruling would be clearly contrary to law. Now stop re-asking your question already.

Re: Appeal on Small Claims Judgement

You are correct. The statutes are "vague." More accurately, they appear on their face to conflict with one another. Subdivisions (a) and (b) of section 116.710 of the California Code of Civil Procedure ("CCP") state in relevant part that "(a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff's claim, . . ." and "(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."

On the other hand, subdivision (d) of section 116.770 provides in relevant part that "[t]he scope of the hearing [on appeal] 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."

In 1998 the Second District Court of Appeal decided the case of Universal City Nissan v. Superior Court, 65 Cal. App. 4th 203 and that case resolves the main question that you pose, ruling that indeed all claims are open to decision by the superior court on appeal. You can read that case by cutting and pasting into Google the full text above (between the word Universal and the number 203). The first link on the Google results page will be the FindLaw Web site page on which a link to the case is found. Search for the word Nissan and once you click on it, register for free on the FindLaw site (if you have not done so previously) and that will take you to the case.

I am a California attorney and write appellate briefs and petitions for writs as well as demurrers, motions for summary judgment, and the like; however, I do so only for other California attorneys. I do handle trial matters for the litigants themselves. Thus, this present answer to your questions is not intended to be legal advice in your specific case and is not intended to constitute a solicitation of an opportunity to represent you. Please note that subdivision (c) of section 116.770 allows you to employ the services of an attorney in your appeal.

Good luck.

Re: Appeal on Small Claims Judgement

MINOR CORRECTION: In my response I ended by stating "I am a California attorney and write appellate briefs and petitions for writs as well as demurrers, motions for summary judgment, and the like; however, I do so only for other California attorneys. I do handle trial matters for the litigants themselves." I meant by that last sentence to state that "I do NOT handle trial matters for the litigants themselves."