Legal Question in Real Estate Law in California

WON in Small Claims, but there's an Appeal in Superior Court

My neighbor and I met in Small Claims court last month regarding the damage two of his trees' roots are doing to my property. I won $5,000. Now he has appealed the case and it is going to Superior Court.

Do the rules of Small Claims still apply in an appeal ($5,000 limit, no lawyers, etc.)? Can I ask the judge for an order to have my neighbor remove his trees? Small claims only deals in damages and I couldn't get the trees removed.

I would appreciate any information on the subject.

Thanks


Asked on 6/27/03, 3:12 pm

2 Answers from Attorneys
Frederick Choi Law Offices of Frederick H. Choi

Re: WON in Small Claims, but there's an Appeal in Superior Court

On appeal, the parties may use the services of an attorney. The appeal is de novo, which means the case is heard from the beginning as if no one won in small claims. You can recoup a fixed amount of attorney's fees if you prevail. Please contact our office if you have any further questions.

Read more
Answered on 6/27/03, 3:20 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: WON in Small Claims, but there's an Appeal in Superior Court

The prevailing party can get up to $150 in attorney fees unless the court finds that the plaintiff appealed for purposes of delay or harassment and the appeal had little or no merit, in which case the defendant can be awarded up to $1,000 legal fees PLUS up to $1,000 in travel and lodging expenses incurred.

Read more
Answered on 6/27/03, 10:14 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California