deflection303
New Member
- Jurisdiction
- California
Regarding small claims appeals processes, I have come across two versions of California Civil Code of Procedure 116.770,
Which source shows the version that is in effect currently?
One resource states: https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-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 in the small claims division.
(b) The hearing on an appeal to the superior court shall be conducted informally. The pretrial discovery procedures described in Section 2019.010 are not permitted, no party has a right to a trial by jury, and no tentative decision or statement of decision is required.
(c) Article 5 (commencing with Section 116.510) on hearings in the small claims court applies in hearings on appeal in the superior court, except that attorneys may participate.
(d) The scope of the hearing shall include the claims of all parties who were parties to the small claims action at the time the notice of appeal was filed. The hearing shall include the claim of a defendant that was heard in the small claims court.
The other resource states: Codes Display Text.
ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )
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 appear at the hearing may file a motion to vacate the judgment in accordance with Section 116.720.
(b) The defendant with respect to the plaintiff's claim, and a plaintiff with respect to a claim of the defendant, may appeal the judgment to the superior court in the county in which the action was heard.
The reason I am asking is that I have filed an appeal in Small Claims. One of these explanations, above, says that all the claims will be considered at the appeal; the other states that the defendant's counter-claim will not be heard. I had originally filed a counter-claim -- I want to know if this will be heard.
Which source shows the version that is in effect currently?
One resource states: https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-116-770/
California Code, Code of Civil Procedure - CCP § 116.770
Current as of January 01, 2023 |(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 in the small claims division.
(b) The hearing on an appeal to the superior court shall be conducted informally. The pretrial discovery procedures described in Section 2019.010 are not permitted, no party has a right to a trial by jury, and no tentative decision or statement of decision is required.
(c) Article 5 (commencing with Section 116.510) on hearings in the small claims court applies in hearings on appeal in the superior court, except that attorneys may participate.
(d) The scope of the hearing shall include the claims of all parties who were parties to the small claims action at the time the notice of appeal was filed. The hearing shall include the claim of a defendant that was heard in the small claims court.
The other resource states: Codes Display Text.
ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )
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 appear at the hearing may file a motion to vacate the judgment in accordance with Section 116.720.
(b) The defendant with respect to the plaintiff's claim, and a plaintiff with respect to a claim of the defendant, may appeal the judgment to the superior court in the county in which the action was heard.
The reason I am asking is that I have filed an appeal in Small Claims. One of these explanations, above, says that all the claims will be considered at the appeal; the other states that the defendant's counter-claim will not be heard. I had originally filed a counter-claim -- I want to know if this will be heard.
