Legal Question in Employment Law in California

In my opinion, her option would be to appeal the small claims action, which is heard before a limited court judge. She needs to file an appeal from the judgment. Then there will be a trial de novo which basically means the court will hear all the evidence again. It's just like a trial. Note, though, that the court, on appeal, can do whatever it wants including finding in favor of the other side. New arguments and new evidence can be heard. Also note that you have a limited amount of time to file the appeal. Your county should have a small claims adviser who you can reach over the phone and speak to about the process. You may also use an attorney at the small claims appeal. In fact, it's probably advisable. Best of luck to you!

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The plaintiff cannot appeal a Small Claims judgment as a matter of law. Once you choose to sue in Small Claims Court you get your one bite at the apple and that is it. Likewise, that judgment is final an conclusive on all issues in the case. You not only cannot now sue in Limited Jurisdiction, you cannot go to the Labor Board either.

I agree with Mr. McCormick. A victorious plaintiff in small claims court has no right of appeal, even if the judgment is smaller than desired. The small claims judgment is res judicata as to that cause of action, and the cause of action cannot be alleged and pursued in a second piece of litigation.

I to think Mr McCormick is correct.

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