Legal Question in Appeals and Writs in California

small claims court appeal when defedent countersues

I sued my ex-roommate in small claims court for an unreturned security deposit. In court, right before the trial I was served with her countersue. I waived my right to postpone the case and decided to continue with the case that day. The court ruled in my favor. My question was: can my ex-roommate appeal this decision in my favor or does her countersue cancel her right to appeal. Her countersue, which she lost, was for unpaid rent.


Asked on 6/24/00, 4:32 pm

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: small claims court appeal when defedent countersues

Your ex-roommate can appeal the decision in your favor on YOUR claim but she cannot appeal the decision on her counterclaim. In small claims cases, only the party defending against a claim or counterclaim may appeal.

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Answered on 9/02/00, 3:01 am


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