Legal Question in Civil Litigation in California
small claims appeal
Can a decision made by a small claims court be appealed to a higher court? If so, can either party appeal the decision?
3 Answers from Attorneys
Re: small claims appeal
A losing defendant can appeal, not a losing plaintiff, and has a limited time to do so. Get to the court clerk to get it done if still timely. At the appeal, you may have an attorney represent you, unlike at the original small claims hearing. If it is worth the cost of counsel to you, and if it is in SoCal courts, feel free to contact me to discuss.
Re: small claims appeal
If the court enters judgment against the defendant on the plaintiff's claim, the defendant mail appeal. if the defendant wins, the plaintiff cannot appeal.
If the defendant files a cross-complaint and a judgment is entered against the plaintiff, then the plaintiff/cross-defendant can appeal only as to the judgment on the cross-complaint. The defendant cannot appeal if they loss on their cross-complaint.
Re: small claims appeal
The defendant in a small claims court can appeal the decision. The plaintiff cannot appeal.