Trial de novo

[startedone]

So my understanding is that he was able to get a NEW trial even though he didnt show up to the first one and his appeal was denied in small claims.

Thanks for the link.

You got a default judgment and yes, he can get a new trial. Even in regular court, a default judgment can be set aside and a new trial occur. So if they asked for a new trial, to set aside the default, then they may have squashed their own motion to vacate for improper service.

Not all motions filed need to be heard and if not, then the prejudice would be on the moving party. The moving party in this instance, the defendant, is not going to appeal based on those grounds.

This is the drawback of a small claims trial -- limited discovery & a little bit of a wild wild west show mentality. You could have filed in regular court but this takes much more time & effort.

I think you had a fair hearing for what it was.

 

[CourtClerk]

The one thing (Zigner and BL) you guys have to remember is that small claims has its own separate rule book tucked away in the CCP... start looking at 116.000

The plaintiff has no right to appeal their loss in a small claims case. The judgment is final as to them. If the defendant loses and has appear, they have the right to appeal. If they lose by default because they didn't appeal, they have the right to file a motion to vacate.

If the bench officer denies the motion to vacate, then the defendant has 10 days to appeal the denial of the motion to vacate. The civil judge doesn't have to have a full fledged hearing on the motion to appeal the denial of the motion to vacate. They simply have to decide whether or not they are going to set aside that order. If they do, then a new trial follows (either the same day if time permits or shortly thereafter).

Regardless, if a trial de novo is heard and argued, the judgment from that hearing is the final disposition of the case. If you lost OP, you've lost forever.