appeals?

What is the name of your state? CA. Stanislaus County


I want to make sure I understand this right. If we went to Small Claims and won a judgement in the form of a specific performance and the defendant appealed, can she appeal again if she doesnt like the Superior Courts ruling?

Sure can. In fact, she can appeal all the way to the U.S. Supreme Court....but it's unlikely.

Regardless of the court in which the appeal is heard, she will have to post an appeal bond in the amount of the judgement.

Appeal Bond

So then it is to our advantage to get a money judgement and not just a specific performance judgement?

At least that way she has to pay an appeal bond right?

The small claims judge didnt award monies. But just to prepare myself, how many steps/appeals are possible from the Superior Court of our County to the US Supreme Court?? How much further can this go?

"I want to make sure I understand this right. If we went to Small Claims and won a judgement in the form of a specific performance and the defendant appealed, can she appeal again if she doesnt like the Superior Courts ruling?"
*** Actually, hex is incorrect. A small claims court ruling can be appealed to the state Superior court. It would be a 'trial de novo' (meaning a whole new trial, new evidence presentation, new testimoney, etc.). The Superior court would then rule on the case presented before it. That ruling CANNOT be appealed.

To plaigerize IAAL's post: "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)]"

distraught2 said:

What is the name of your state? CA. Stanislaus County


I want to make sure I understand this right. If we went to Small Claims and won a judgement in the form of a specific performance and the defendant appealed, can she appeal again if she doesnt like the Superior Courts ruling?

Click to expand...

My response:

Why aren't you reading my responses to you. I have already answered this specific question in my initial response to you on your other thread. Am I wasting my time responding to you?

IAAL

Damn I hate it when I make an ass of myself

I should have stopped at the state level but try to be funny and see where it gets me....right in the (ooops!)

IAAL

On the contrary, I dont think you read my last post!
________________________________________________
It reads:

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.

___________________________________________________
Not only did I state I appreaciate your time and response, but I was making sure I understood you when you said the next decision can not be appealed.

And since hexeliebe replied with a different answer, I would say you taught someone else something too and again...... are not wasting your time.

Dont be sooooo touchy. (Patting you on the back)

And was that really so important that you had to say it TWICE???

Opppppppppppps!

No that was a mistake! I edited the first one, and I guess it posted twice.


Sorry

Re: IAAL

distraught2 said:

On the contrary, I dont think you read my last post!
________________________________________________
It reads:

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.

___________________________________________________
Not only did I state I appreaciate your time and response, but I was making sure I understood you when you said the next decision can not be appealed.

And since hexeliebe replied with a different answer, I would say you taught someone else something too and again...... are not wasting your time.

Dont be sooooo touchy. (Patting you on the back)

Click to expand...

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My response:

It's not a matter of being "touchy". It's a matter of that this issue was already addressed in my response on your other thread, when I said,

"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)]"

After the trial de novo, it's over forever - - finito. That's it. No more appeals for anyone. It's a done deal, whatever the decision of the Superior Court judge.

I even cited the statute so that you could look it up and read it. Obviously, not only didn't you understand it, or perhaps, didn't read my response because you were "skimming", but you even failed to read the statute.

I guess I'm writing all this stuff just to give my fat fingers some exercise.

You're welcome.

IAAL

I read it!

I just didnt realize your word was GOD!

And for the average person who doesnt know sqat about legal stuff [Ca Civ Pro § 116.780(a)]" doesnt mean much! I would have to take your word for it. And I did ask for it ( your word), but a second oppinion never hurt!

Re: I read it!

distraught2 said:

I just didnt realize your word was GOD!

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My response:

Now you know - - GODDAMNIT!

IAAL

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