Legal Question in Appeals and Writs in California

Judgement After Trial De Novo On appeal
I'm the plaintiff that won the case in a Small Claims Court and was awarded $7500.00, The Defendant appealed and I received the judgement on the mail today. It reads: '' Judgement is ordered for plaintiff and against the defendant in the sum of Cost: $0.00 Attorney fees 0.00. Total 0.00.
Other: As to PLFF'S Claim: Judgement for defendant., No Costs. As to DEFT's claim: judgement for plaintiff, Each in Pro Per, No costs.
My question is if I won the appeal, why the awarded money is $0. Is the first judgment that awarded me $7500 reversed by the appeal or is it considered separate from the awarded judgment of $0.00. In other words, Did the apppeal awarded me $0.00 even though the judgement was in my favor because of the $7500 from the original trial?

Asked on 9/01/06, 9:51 pm

3 Answers from Attorneys

Steven Murray Steven W. Murray, APC

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Re: Judgement After Trial De Novo On appeal

In plain English, you lost. The $7,500 small claims judgment was reversed. Both of you lost and there were no damages awarded to anyone.

Answered on 9/01/06, 10:03 pm

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Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Judgement After Trial De Novo On appeal

It sounds like you didn't show up for the hearing. If that's what happened, then a default judgment was entered against you.

Small claims appeals follow different procedures from other types of appeals. The appeal is not about whether the first judge made a mistake but rather whether the plaintiff can prove

his case a second time. It is actually a new trials where the same claim is litigated in front of a different judge. There are some differences, but what matters most for you is that the result of the first trial is irrelevant.

The appeal automatically vacated the judgment from your first hearing. In both hearings you had the burden of proof. If you didn't show up the second time you failed to carry this burden, which is why judgment was entered against you.

The paperwork you received informing you of the appeal should have stated when and where the hearing would take place. If you didn't get this information you can seek a retrial. You may be able to do the same if you got it but misunderstood, though you will have to show that your error was reasonable.

Answered on 9/01/06, 10:07 pm

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