Legal Question in Civil Litigation in California
If a Defendant appeals a Small Claims Court judgment in Superior Court, can the Plaintiff seek to recover more than the Small Claims Court $7,500 maximum in Superior Court?
Asked on 1/21/11, 1:48 pm
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
No. The appeal is a trial de novo in supeiror court, but is still limited to the damages limit of small claims if the defendant loses the appeal.
Answered on 1/26/11, 3:16 pm
Terry A. Nelson
Nelson & Lawless
No, however if either side hires an attorney for the appeal trial, and 'wins' their case, they are entitled to attorney fees. Appeal at your risk.
Answered on 1/26/11, 4:45 pm
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