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Judgments in Small Claims cases are appealed to the regular civil division of the Superior Court Appellate Division (NOT the Court of Appeal) and 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.
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.
Consult our Civil Appeals Guide for additional information on appeals to the California Court of Appeal.
If you have a default judgment entered against you in Small Claims Court, there is a simplified procedure for making a motion to vacate (cancel) the judgment. In that case, do not use the motion template in our research guide entitled "Motion to Vacate a Default Judgment." Instead, use standard court form SC-135, "Notice of Motion to Vacate (Cancel) Judgment," which is a fillable form. If you use this form to ask the court to vacate a default judgment and the court grants your request, a trial may take place immediately at the same hearing. For that reason, make sure you bring all your witnesses, books, receipts, or other papers or things to prove your case with you to the motion hearing.
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