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Any judges or lawyers out there who can help with this question?
I won a Small Claims action (I was the plaintive), the defendent appealed it. I won the appeal. I just received another "appeal" from the defendent for Superior Court. The judge told us that once the appeal is heard and I won, its FINAL. How can she file another appeal? This is in the Los Angeles area. Thank you
2 Answers
- Mr PlacidLv 78 years agoFavorite Answer
Impossible to answer your question without looking at your documents.
A small claims defendant is entitled to appeal an adverse decision. The appeal is to the Superior Court. Once that is done, any further appeal must be done via a writ to the Court of Appeals. So, it is unclear why you have been served with yet another appeal from the Superior Court. It's possible that it could be a frivolous and unfounded appeal. I suggest consulting with a lawyer. If indeed this appeal is frivolous, then you are entitled to attorney's fees up to $1000, and expenses up to $1000. (Code of Civ. Procedure section 116.790)
