Legal Question in Civil Litigation in California

You can't appeal the decision of the Superior Court on a small claims appeal. The judgment of the Superior Court following trial de novo on a small claims appeal is "final and nonappealable." (Code of Civ. Proc., sect. 116.780 subd. (a).)

The small claims appeal judgment is immune from most postjudgment attacks, including motions for a new trial, motions to vacate the judgment, or motions for relief from the judgment. There is a split of authority, however, on whether a petition for rehearing can be granted. The Fourth District Court of Appeal has held that there is a right of rehearing, under California Rules of Court, former rule 107. (Adamson v. Superior Court (1980) 113 Cal.App.3d 505.) This rule does not exist anymore.

The First District Court of Appeal has held that there is no right of rehearing, interpreting Code of Civil Procedure section 116.780. (ERA-Trotter Girouard Assoc. v. Superior Court (1996) 50 Cal.App.4th 1851.)

Some secondary authorities state that if the Superior Court certifies the matter, appellate review could be obtained to secure uniformity of decision or settle important questions of law. (Cal. Rules od Court, rule 8.1005.) But as I read that rule, it only applies to the appellate division of the superior courts. Your judge did not certify the matter, so I do not see this being a ground to attack the judgment.

Finally, a court of appeal may entertain a petition for extraordary writ, but you would need to show a need for statewide precedent on a legal issue.