Legal Question in Civil Litigation in California

Re: judgment set aside

No.

Re: judgment set aside

No, that's bizarre, and probably appealable. Unless there is something you're not telling us.

Re: judgment set aside

I agree with Mr. Roach. However, if a superior court judge decides a small claims matter and then that matter is appealed, it is possible that a small claims commissioner would be assigned to decide it. The commissioner would only be authorized to decide the case if the parties agreed to let her, but if they do agree the commissioner will have the same authority in that case as a judge would have had.

An appeal of a small claims judgment is essentially a new small claims hearing, except that the parties can demand a jury and can bring lawyers. The judgment in the original small claims action has no bearing on the appeal, and the judge/jury can reach the opposite result. When this happens it may appear that the original judgment has been set aside, but that is not what actually occurs.