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Appeals from Limited Civil, Misdemeanor, and Infraction Cases, Small Claims, and from Appellate Division of the Superior Court Rulings: Small Claims

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Discussion

Judgments in Small Claims cases are initially appealed to the regular civil division of the Superior Court, not the Appellate Division. You are entitled to a whole new trial, called 'trial de novo'.

Rules relating to the right to appeal a Small Claims judgment can be found in California Code of Civil Procedure §116.710 - §116.795. These appeals are governed by California Rules of Court 8.950 - 8.966.

The judgment of the Superior Court, after a hearing on appeal, is generally final and not appealable California Code of Civil Procedure §116.780.   

The California Court of Appeal has accepted writ petitions in rare instances, where appellate review is necessary "to secure uniformity in the operations of the small claims court and uniform interpretation of the statutes governing them." Linton v. Superior Court (1997) 53 Cal. App. 4th 1097, 1099.

Online Resources

California Courts Self-Help, Small Claims

Small Claims Advisor

Nolo Press: Everybody's Guide to Small Claims Court in California, available remotely through the Library's legal database page web page. Scroll down to Nolo Legal Information Reference Center, click on the link, and follow the login instructions.

Library Resources

Everybody's Guide to Small Claims Court in California - Chapter 23 (KFC976 .W3 2021); you can also access this guide through the Library's legal database web page, through the Nolo Legal Information Reference Center link.

The California Courts Online Self-Help Center has a section on appealing small claims cases.

California Civil Writ Practice (KFC1075 .C34)