(a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s claim, but a plaintiff who did not appear at the hearing may file a motion to vacate the judgment in accordance with Section 116.720.
(b) The defendant with respect to the plaintiff’s claim, and a plaintiff with respect to a claim of the defendant, may appeal the judgment to the superior court in the county in which the action was heard.
(c) With respect to the plaintiff’s claim, the insurer of the defendant may appeal the judgment to the superior court in the county in which the matter was heard if the judgment exceeds two thousand five hundred dollars ($2,500) and the insurer stipulates that its policy with the defendant covers the matter to which the judgment applies.
(d) A defendant who did not appear at the hearing has no right to appeal the judgment, but may file a motion to vacate the judgment in accordance with Section 116.730 or 116.740 and also may appeal the denial of that motion.
Related Topics
Related Statutes
- SB-71 (Umberg) Jurisdiction: small claims and limited civil case.
- Code of Civil Procedure Section 116.780. Attorney’s Fees: Small Claims Appeal.
- Code of Civil Procedure Section 116.231. Small Claims Court Limitations.
- Code of Civil Procedure Section 674. Abstract of Judgment.
- Code of Civil Procedure Section 116.221. Jurisdiction of Small Claims Court.
- Code of Civil Procedure Section 116.220. Small Claims Court.