bad customers and court cases - summary

Fri Jan 31 10:59:24 PST 2003

10:30 am Fri 31 Jan 2003

Strata wrote
> In small-claims, too, the judgement is final and there is
> no appeal.

This isn't quite correct.  From the California Code of Civil Procedure,

    116.710.  (a) The plaintiff in a small claims action shall
    have no right to appeal the judgment on the plaintiff's
    claim, but a plaintiff who did not appear at the hearing
    may file a motion to vacate the judgment in accordance
    with Section 116.720.

    (b) The defendant with respect to the plaintiff's claim,
    and a plaintiff with respect to a claim of the defendant,
    may appeal the judgment to the superior court in the
    county in which the action was heard.

Also note

    116.770 (c) Article 5 (commencing with Section 116.510) on
    hearings in the small claims court applies in hearings on
    appeal in the superior court, except that attorneys may
    participate.

Payne Freret