§7.07 Procedure on Appeal

The clerk of the superior court that is hearing the appeal must schedule the hearing for the earliest available time and must mail notice of the hearing to the parties at least 14 days before the hearing date. [CCP §116.770(e).]

The appeal results in a new hearing or trial de novo before a superior court judge who did not hear the original action. The hearing is conducted informally in the same manner as in small claims court. Pretrial discovery is not permitted, there is no right to a jury trial, and no tentative decision or statement of decision is required. [CCP §116.770(a), (b).] The procedures for small claims court hearings apply [CCP §116.770(c); §§5.01 et seq], except that attorneys may represent parties [CCP §§116.530(c)(3), 116.770(c)]. Additional procedures are set forth in CRC 8.907–8.916.

The scope of the hearing includes the claims of all parties who were parties to the small claims action at the time the notice of appeal was filed, including a defendant’s claim that was heard in the small claims court. [CCP §116.770(d).] This language has been construed to mean that the superior court fully retries all claims and may grant affirmative relief to the unsuccessful claimant. [Linton v Superior Court (1997) 53 CA4th 1097, 1102–1106; Universal City Nissan, Inc. v Superior Court (1998) 65 CA4th 203, 207, 209; contra Township Homes v Superior Court (1994) 22 CA4th 1587, 1590–1595.] For example, if judgment is rendered against one defendant but in favor of a co-defendant, the judgment for the co-defendant is also retried.

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The judgment of the superior court after a trial de novo is final and not appealable. [CCP §116.780(a).] The procedures for rendering judgment in a small claims court action generally apply to judgments on appeal. [CCP §116.780(b).]

REFERENCE >> For a complete discussion of appeal procedures for small claims actions, see California Judges Benchbook: Small Claims Court and Consumer Law ch 9 (Cal CJER 2007).