California Code of Civil Procedure ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters

  • Section 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...
  • Section 116.720.
    (a) A plaintiff who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk...
  • Section 116.725.
    (a) A motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or...
  • Section 116.730.
    (a) A defendant who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk...
  • Section 116.740.
    (a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims...
  • Section 116.745.
    The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.(Amended by Stats. 2005, Ch. 75, Sec. 22....
  • Section 116.750.
    (a) An appeal from a judgment in a small claims action is taken by filing a notice of appeal with the clerk of the small claims...
  • Section 116.760.
    (a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal.(b) A party who does not appeal shall not be...
  • Section 116.770.
    (a) The appeal to the superior court shall consist of a new hearing before a judicial officer other than the judicial officer who heard the action...
  • Section 116.780.
    (a) The judgment of the superior court after a hearing on appeal is final and not appealable.(b) Article 6 (commencing with Section 116.610) on judgments of the...
  • Section 116.790.
    If the superior court finds that the appeal was without substantial merit and not based on good faith, but was intended to harass or delay...
  • Section 116.795.
    (a) The superior court may dismiss the appeal if the appealing party does not appear at the hearing or if the appeal is not heard within...
  • Section 116.798.
    (a) (1)  A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small...

Last modified: October 22, 2018