Legal Question in Civil Litigation in California

Re: Small Claims question

Code of Civil Procedure Sections 116.540(h) and 116.540(i) outline

the procedure for a property manager to appear for an owner. If the court refused

to follow the law, the party could attempt to obtain a writ from an higher court commanding

the court to follow the law. Unless the owner was the defendant, the ruling on the small claims matter itself is not

appealable.

If this is a repeating situation, a conference with the court's presiding judge may be appropriate.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910

Re: Small Claims question

I am not familliar with the statute you mention, and your citation is not sufficiently complete to let me find it (unless I spend a bit of time on research). However, if the judge disregarded the statute, then your friend has a basis for an appeal. Small claims appeals are actually trials in the Municipal Court; these trials are held de novo (in other words, it's as if the small claims hearing never took place). Because Muni Court judges are typically more experienced and more professional than the part-time judges who often serve on Small Claims courts, your friend might do a lot better on appeal.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340