The plaintiff in a small claims action cannot appeal an adverse ruling. The defendant, however, has the right to appeal if done within 30 days. (Code Civ. Proc. §116.710
Even though a losing plaintiff cannot appeal, a party can move to vacate a small claims judgment on the basis of clerical error or an incorrect or erroneous legal basis. (Code Civ. Proc. §116.725
.) See Form SC-108
. In addition, Form SC-135
can be used to file a motion to vacate a judgment.
Appeal to Superior Court.
If a small claims decision is appealed, the matter is heard in Superior Court and each side may be represented by an attorney. The case is heard de novo
, i.e., as if it had not been heard before and as if no decision previously had been rendered. There is no right of discovery and the matter is heard without a jury. The decision by the Superior Court judge is final and binding. There is no right of further appeal.
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