§7.03 Motion to Vacate—Appeal of Denial

If you deny a defendant’s motion to vacate the judgment, the defendant may appeal the denial to the superior court. The defendant must file the notice of appeal with the small claims clerk within 10 days after the clerk mailed or delivered notice of the denial. [CCP §§116.730(e), 116.740(d).] Statutory provisions for extending time when notice is given by mail do not apply. [CCP §116.140(a).]

If the superior court determines that the defendant’s motion to vacate should have been granted, the court may hear the claims of all parties without rescheduling the matter, provided that all parties are present and that the defendant has complied with the applicable small claims procedures. The superior court may also order the case transferred to the small claims court for a hearing. [CCP §§116.730(f), 116.740(d).]