California CodesCode of Civil ProcedurePart 1 — of Courts of JusticeTitle 1 — Organization and JurisdictionChapter 5.5 — Small Claims CourtArticle 7 — Motion to Vacate, Appeal, and Related Matters

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Sections

Sections

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Section 116.710Limits a small claims plaintiff’s appeal right on the plaintiff’s claim, while allowing a nonappearing plaintiff to seek vacation; defendants and plaintiffs…Section 116.720Allows a small claims plaintiff who missed the hearing to move to vacate judgment within 30 days after mailed notice of entry.…Section 116.725Allows correction of a clerical error or vacation of a judgment based on an incorrect or erroneous legal basis either on the…Section 116.730Allows a nonappearing small claims defendant to move to vacate judgment within 30 days after mailed notice of entry and requires appearance…Section 116.740Allows a nonappearing small claims defendant who was not properly served to move to vacate judgment with a supporting declaration within 180…Section 116.745Requires the clerk to charge and collect a $20 filing fee for a motion to vacate. The fee applies specifically when that…Section 116.750Requires a small claims appeal by notice filed with the small claims clerk no later than 30 days after delivery or mailing…Section 116.760Requires an appealing small claims party to pay a $75 notice-of-appeal filing fee and exempts a nonappealing party from fees for filing…Section 116.770Requires a small claims appeal to receive a new, informal superior-court hearing before a different judicial officer, without pretrial discovery, jury right,…Section 116.780Bars further appeal from a superior-court judgment after a small claims appeal hearing and generally applies the small-claims judgment rules. For good…Section 116.790Allows the superior court, after a hearing, to award the other party appeal-related attorney fees up to $1,000 and actual lost earnings…Section 116.795Allows the superior court to dismiss a small claims appeal when the appellant fails to appear at the hearing or when the…Section 116.798Allows specified writ petitions concerning small claims acts to be heard by designated superior-court appellate judges, appellate courts, or the Supreme Court,…

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