§7.05 Appeal and Trial de Novo

The plaintiff in a small claims action may not appeal a judgment on his or her own claim. [CCP §116.710(a).] Nor may a defendant in a small claims action appeal a judgment on his or her own claim. [Davis v Superior Court (Kaye) (1980) 102 CA3d 164, 170; see CCP §116.130(a).]

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A defendant, however, may appeal a judgment on the plaintiff’s claim, and a plaintiff may appeal a judgment on the defendant’s claim. The appeal must be filed in the superior court in the county where the action was heard. [CCP §116.710(b).] The superior court hearing the appeal conducts a trial de novo. [See §7.07.]

A defendant’s insurer also may appeal a judgment on the plaintiff’s claim if the judgment exceeds $2500 and the insurer stipulates that its policy with the defendant covers the matter to which the judgment applies. [CCP §116.710(c).]

A plaintiff who did not appear at the hearing may not appeal a judgment on his or her claim but may file a motion to vacate the judgment. [CCP §116.710(a); see §7.01.] Similarly, a defendant who did not appear may not appeal the judgment but may file a motion to vacate it and appeal the denial of that motion. [CCP §116.710(d); see §7.02.]