Small Claims Appeal Question in California

[passissapida]

I was the plaintiff in a small claims case and won. The defendant has now appealed. I do not want to pay for the serving of subpoena_s on the five hostile witnesses again plus the documents plus pay an attorney to review all this case information and represent me at the new hearing, etc..; unless or until I'm sure the appellant is actually going to show up at their appeal. My understanding is that the judge will dismiss the appeal if they do not show up but I will not be awarded anything extra. Question: Can/should I just wait until the trial begins and THEN ask the judge for a continuance if the appellant is actually there? Could I just say I want a continuance in order to retain counsel? Is it to late to do that at the start of the appeal hearing? Thank you.

 

[scrambledeggs]

Since when can you appeal a small claims court decision in California? What county is this? Usually you can't appeal at all unless extreme circumstances. I also dont see why you would be subpoening HOSTILE witnesses.

 

[garrula lingua]

The Judge will hear the case immediately.

It's doubtful that the Judge will allow a continuance to subpoena people or prepare - you generally have to present your case right then.

Go down to the court house and ask the small claims clerk (or, better yet, the Judge's clerk where the appeal is being heard) what that Judge's normal practice is.

 

[sanjosedriver]

Check out the CA Court Website

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

The website should have all the info you need about the appeal process.

What happens if I lose the appeal? (Defendant)
If you lose, you'll have to pay. You may have to pay more if the judge decides you owe a larger amount.

You may be ordered to pay the plaintiff's court costs such as service and filing fees. Interest will also accrue at 10% for each year the judgment is not paid.

You may be ordered to pay up to $150 for attorney fees and an additional $150 for travel costs, loss of earnings, and lodging reasonably incurred in connection with the appeal. Alternatively, if the judge finds you filed your appeal in bad faith the court may award up to $1,000 in attorney fees and also $1,000 for travel costs, loss of earnings and lodging.

Filing an appeal in bad faith means that:
(1) you filed your appeal without strong support for your position,
(2) you intended to harass or delay the other party, and/or
(3) you filed your appeal to encourage the other party to abandon the case.