I won a small claims case last week. Yesterday, the other party informed me that he would be appealing the ruling. Generally speaking, after the appeal is filed, when can I expect the trial de novo in Superior Court to be scheduled for? And will the Superior Court's ruling be final?
This is a LOT more difficult to answer than expected.
1) The court has 90 days from the day the case is heard to MAIL the ruling (pursuant to CA law)
2) The defendant has 30 days from the date it is MAILED to file the appeal
3) The hearing will be scheduled within 30-45 days from the day the appeal is filed
4) The judge will then have 90 days to issue his ruling on the appeal from the day it is heard.
Now, these are the extremes, but I think you get the idea.
the ruling on the Trial De Novo is final and not subject to any further appeal. Many have tried, few have succeeded, but theoretically a further appeal is possible.
If you have further questions, be sure to speak with a lawyer that knows about Small Claims.
-Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.