What is the process for appealing a small claims court decision?
If you disagree with a small claims court decision in California, you may file for an appeal with the superior court. The appeal must be started within 30 days of the small claims court’s judgment. To begin the appeals process, the appealing party must fill out the Notice of Appeal form with the superior court of the county where the small claims court decision was made. This form must then be served on the respondent, who is the other party in the dispute. The appealing party must also pay the filing fee for the appeal. After the Notice of Appeal is filed, the respondent then has 30 days to file their Answer to the Appeal. The respondent must also serve the appellant with a copy of this Answer. The hearing for the appeal will then be held in the superior court. Both the appellant and the respondent will present their cases at the hearing. Both parties will have the chance to provide additional evidence, cross-examine witnesses, and make closing statements. The presiding judge will then make a decision. Depending on the outcome of the appeal, the decision of the small claims court may be overturned, or it may be upheld. No matter the outcome, either party can file further appeals with the court of appeals. If a party wishes to make a further appeal, they must submit their case within six months of the superior court’s decision.
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