Legal Question in Civil Litigation in California

Re: California Small Claims Appeal De Novo LA Superior Court

Is a Judges decision in a Trial De Novo on Apeal from Small Claims Final?

Can it be challenged filing a motion SC-135 or SC-108?


Asked on 4/13/13, 3:41 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

The superior court judge's decision on a trial de novo is final, except for the right to file a petition for a writ of review pursuant to Code of Civil Procedure Section 116.798.

The forms you mention are not appropriate for purposes of challenging the judge's decision.

A writ petition must be drafted from scratch -- there are no forms available. In additin, the court's review of the petition is discretionary, meaning the court can summarily choose not to review it on the merits, and not even require an opposing paper or reply. Indeed, this is the result of the vast majority of writ petitions, even when drafted by lawyers.

Read more
Answered on 4/14/13, 2:05 am


Related Questions & Answers

More General Civil Litigation questions and answers in California