Legal Question in Appeals and Writs in California

Re: Won Small Claim, deffendant appealed to Supreme Court

An appeal from a small claims judgment should be made to the Superior Court, not the Supreme Court. I will presume that this is what was done and that your description of what happened is in error.

The Superior Court hearing will be much like the original small claims hearing. It is a "new" proceeding in the sense that the judge is not supposed to be influenced by the result in the small claims hearing. You and your opponent will both be able to present evidence (including witnesses, if you like) to the court and to argue the merits of the case.

Unlike in small claims court, the Superior Court allows parties to hire lawyers for small claims appeals. If your case is straightforward and/or if the amount at stake is small, you might not want to invest in having a lawyer represent you. If you are unsure whether a lawyer would be helpful, you might want to pay someone to perform a quick review of the case and assess the situation for you.

Re: Won Small Claim, deffendant appealed to Supreme Court

the hearing will be just like the last one. you can hire a lawyer but it is not needed in most cases.

Re: Won Small Claim, deffendant appealed to Supreme Court

You do not need an attorney to represent you at a Small Claims Court Appeal, but you can have one represent you there. The Appeal is conducted as if the first trial did not happen. The Superior Court judge should not review any prior decision, nor is bound by it.