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  1. #1
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    Default Can a Plaintiff File a Lawsuit in Superior Court After Losing in Small Claims Court

    My question involves court procedures for the state of:California,

    There is no appeal after losing in small claims court. Is the plaintiff barred form filing in superior court? Is this res judicata?

  2. #2
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    Default Re: Can a Plaintiff File a Lawsuit in Superior Court After Losing in Small Claims Cou

    Quote Quoting budwad
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    My question involves court procedures for the state of:California,

    There is no appeal after losing in small claims court. Is the plaintiff barred form filing in superior court? Is this res judicata?
    Yes.

    Only the defendant can appeal from small claims court in California

    As a plaintiff you went to small claims court knowing there was no appeal (or should have known if you had paid attention).

    If you wanted to preserve your right of appeal you should have filed in regular civil court.

  3. #3
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    Default Re: Can a Plaintiff File a Lawsuit in Superior Court After Losing in Small Claims Cou

    And if the plaintiff is counter-sued by the defendant and loses then plaintiff can file an appeal and the entire case is tried trial de novo, right? Or is only the counter-suit tried?

  4. #4
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    Oct 2014
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    Default Re: Can a Plaintiff File a Lawsuit in Superior Court After Losing in Small Claims Cou

    Quote Quoting budwad
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    And if the plaintiff is counter-sued by the defendant and loses then plaintiff can file an appeal and the entire case is tried trial de novo, right? Or is only the counter-suit tried?
    Only the counter-suit would be tried (if that claim is not otherwise barred by the rules of procedure). The plaintiff had his bite at the apple on his claim and lost. He does not get a second bite.

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