Legal Question in Civil Litigation in California

Re: Small Claims- Notice of Appeal

Code of Civil Procedure section 116.750 states in pertinent part: "(b) A notice of appeal shall be filed not later than 30 days after the clerk has delivered or mailed notice of entry of the judgment to the parties. A notice of appeal filed after the 30-day period is ineffective for any purpose." You did not say when the clerk mailed the notice of entry of judgment. That is the operative date. You may hire a lawyer for the appeal, and the prevailing party is entitled to reasonable attorney's fees. Good luck!

Re: Small Claims- Notice of Appeal

Mr. Cohen's answer is correct, but he didn't mention that, when the 30th day falls on a weekend or holiday, the notice may be filed on the next court day and will be deemed timely.

The 30th day after October 27 is November 26. Last year, that happened to be the Friday after Thanksgiving. I believe it was a court holiday, and if I am right then a notice of appeal filed on November 29 -- the following Monday -- would have been timely.

Your question is a bit vague about what happened on the each of the three dates you mention. Was October 27 the day judgment was entered? Even if it was the day of your hearing and the judge announced her ruling, the actual judgment may have been entered a day or two later. I'm also not sure exactly what happened on November 29 and December 1. A December 1 filing might have been timely, but I would need more details before I could say whether it actually was.