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small claims appeal

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distraught2

Junior Member
What is the name of your state? CA , Stanislaus County

We took someone to small claims court and won. They have now appealed the judges decision. So our case is going to Superior Court to be reheard.

Do the small claim court limits of $5,000 still apply? Or does everything change not because its Superior Court?
 
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I AM ALWAYS LIABLE

Senior Member
distraught2 said:
What is the name of your state? CA , Stanislaus County

We took someone to small claims court and won. They have not appealed the judges decision. So our case is going to Superior Court to be reheard.

Do the small claim court limits of $5,000 still apply? Or does everything change not because its Superior Court?

My response:

The jurisdictional limit remains the same. The Appellate Department of Superior Court only re-hears the case in what is called a "Trial de Novo" (New Trial) - - all the issues are relitigated, testimony is once again given, witnesses once again testify, and evidence is once again submitted.

Nothing from the lower court is mentioned or admitted; e.g., if the defendant blurted out, "Okay, you got me, I'm liable" - - that statement cannot be accepted in a Trial de Novo.

Judgment on a small claims appeal is final and not appealable: The judgment of the superior court following trial de novo on a small claims appeal is "final and nonappealable." [Ca Civ Pro § 116.780(a)] This means if you lose at the Trial de Novo, then that's the "end of the road" - - there are no further appeals.

IAAL
 
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distraught2

Junior Member
She's trying to find a way out!

The small claims judge awarded no damages, but ordered the defendant to remove 4 trees which were causing damage.

The defendant feels the judge was unfair, because the defendant feels she was out of her jurisdiction to order the trees to be removed. The defendant states the judge should only have a say over $5,000.

The judge explained the defendant should turn the claim over to her insurance company.

The defendant got a few estimates and they were above $5,000. She had decided to appeal with the hopes of getting out of the judgement based on that.

I am concered as to wether or not this could happen.:confused:
 

distraught2

Junior Member
Small Claims & Insurance Company

I guess what I am asking is, If the judge is asking for the defendant to remove 4 trees and the insurance company is paying, not the defendant, Can the defendant win on an appeal stating the amount for the trees to be removed will be over the jurisdiction limit?
 

I AM ALWAYS LIABLE

Senior Member
Re: Small Claims & Insurance Company

distraught2 said:
I guess what I am asking is, If the judge is asking for the defendant to remove 4 trees and the insurance company is paying, not the defendant, Can the defendant win on an appeal stating the amount for the trees to be removed will be over the jurisdiction limit?

My response:

Based only upon what you've written, then in my opinion, she can't win. You see, the judge was "doing equity" between the two of you, and he ordered "specific performance" (which he can do) - - and "specific performance" has no dollar amount; i.e., it has nothing to do with the jurisdictional limit of the court. But, it has everything to do with obeying a judge's order - - no matter what the cost incurred by "specifically performing".

I wouldn't care if the judge ordered her to move the Queen Mary out of dry dock, and sail her back to England! The "cost" to sail the ship back to England has nothing to do with the court's ability to order "specific performance" - - at ANY cost and regardless of cost.

IAAL
 

distraught2

Junior Member
Thank you.

I really dont understand all this legal stuff, but with your help... I am learning.

Bottom line is we won in small claims, but the defendant does NOT want the trees out. So now we go to Superior Court and try again.

I really appreciate your help. I will remember that term "specific performance" when we got back to court.

I guess I am a little nervous because I feel she will bring a laywer this time.
 

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