Legal Question in Civil Litigation in California
Appealing a small claims case (part 2)
Even though I recieved input from my earlier question posted this morning, I failed to convey the fact that I am the defendant in this matter. My original question was centered around the Judge being a
ProTem Judge and showing favorability to the Plaintiff. The Judge wouldn't let my father (witeness) add his views/experiences with the Plaintiff to our testimony. The Judge wouldn't look at the photos as I was outlining the condition of our
backyard fence (that the Plaintiff
was to improve on) and lastly the Judge indicated that this was his first day at this (and we were the first case heard). The repairman
left my father and I believing he was licensed . The following question to me showed which way he was headed with the decision''...What do you believe that a repair man with a license would do any different than what he did?'' I am inclined to appeal this and seek a Judge - not a ''Judge Lite''. Do you agree? But what could I have done different or do in the next episode of this miniseries? I thank you for any thoughts you might have.
2 Answers from Attorneys
Re: Appealing a small claims case (part 2)
As the plaintiff in a Small Claims case, you have no right of appeal.
No exceptions.
Re: Appealing a small claims case (part 2)
My apologies. I misunderstood your question. As a defendant in a Small Claims case, you have the absolute right to appeal, provided that you file your Notice of Appeal (with the clerk's office) no later than 30 days after the date that the Notice of Entry of Judgment is served on you (which is the date of the Notice).
On appeal, you have the right to insist upon a "real" judge.
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