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  1. #1
    Join Date
    Mar 2011
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    7

    Default Judgment After Trial De Novo on Appeal from Small Claims - Where is the End

    LASC - Small Claims - Judgment After Trial De Novo on Appeal

    I won my case in Small Claims after Trial De Nova on Appeal. I received the judgment from the court shortly thereafter. However, today I received a Request for Court Order and Answer (Small Claims) where the losing defendant filed a form SC-105 with the court requesting the court to reverse the judgment. How is this possible and when can it end as decisions after Trial De Novo on Appeal are supposed to be final and not appealable.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Lasc - Small Claims - Judgment After Trial De Novo on Appeal - Where is the End

    It's possible because they court allows them to do it. Make sure you file your response within 10 days and then wait again to see what the judge says.

  3. #3
    Join Date
    Mar 2011
    Posts
    7

    Default Re: Lasc - Small Claims - Judgment After Trial De Novo on Appeal - Where is the End

    According to California Code - Section 116.780 - (a)The judgment of the superior court after a hearing on appeal is final and not appealable. Is this code no longer in effect? I will call the court and file a response....

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Lasc - Small Claims - Judgment After Trial De Novo on Appeal - Where is the End

    Your response could be a motion to strike? If possible, it would toll the time for an answer being needed to be filed. If allowed to file, dont forget your memorandum of law in support of the motion (file both the motion to strike & memo at same time & serve the opposing party & include a certificate of service for both pleadings).

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Lasc - Small Claims - Judgment After Trial De Novo on Appeal - Where is the End

    You'd need to research the law. Although an appeal is not possible, it is probably possible to still ask to vacate a judgment, ask for a rehearing or something similar but only to the judge who made the decision. There is no appeal to another court or judge. A party gets only one appeal. These are very hard things to accomplish, but you need to file a response to let the judge know in legal terms why he should not grant the relief requested. Do not make it personal or emotional, stick to law.

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