Legal Question in Appeals and Writs in California

Can countersueing party that lost appeal small claim judgement?

I took to a small claim court with my would be landlord. He countersued me and the court hearing was scheduled for both trials at the same time. The landloard lost and now is appealing the judgement to the superior court. I was wondering if he has a legal right to do so. I read that only defendant can appeal, but since he was contersueing, he was a defendant and a plaintiff at the same time. Is it legal for hin to appeal?


Asked on 1/21/02, 4:25 am

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Can countersueing party that lost appeal small claim judgement?

Yes, but he cannot appeal the loss of his cross complaint against you (assuming the court ruled in your favor on it, instead of just not addressing it at all - in that case, if it is inextricably intertwined with your case against him, the superior court could consider all things together and redo all of it. The appeal to superior court is de novo, that is, you redo the case. This is different from an appeal to an appellate court, where the higher court rules on whether the lower court reached the right result regardless of the reasons the lower court gave.

Read more
Answered on 1/21/02, 11:07 am
Larry Rothman Larry Rothman & Associates

Re: Can countersueing party that lost appeal small claim judgement?

The landlord can only appeal the judgment against him. His countersuit is completed and over.

Read more
Answered on 1/21/02, 11:58 am


Related Questions & Answers

More Appeals and Writs questions and answers in California