Superior Court Appeal Guidelines

Summary

To file an appeal in California, you must file a Notice of Appeal within 60 days of the judgment, prepare the Record on Appeal, and present your arguments in the Appellant’s Opening Brief. Generally, the amount of damages you can seek in Superior Court on appeal from a Small Claims judgment is limited to the amount sought in Small Claims. Exceptions may include new evidence or proof of fraud. Consult an attorney for specific advice. Contact the California State Bar Associations Lawyer Referral Service at (866) 442-2529 for attorney referrals.

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superior court appeal
Hello **** ****,
To file an appeal in California, you should follow these steps:
- Notice of Appeal: File this within 60 days of the judgment.
- Record on Appeal: Prepare this for the appellate court.
- Appellant’s Opening Brief: Present your arguments.
Can you tell me more about your case? Please remember, this advice is general in nature.
I prevailed against the defendant in small claims court, but the defendant has now appealed to Superior Court. Whereas in Small Claims, the damages I sought were capped at $*,*, now that this will be reheard in Superior Court, can I seek higher damages, or do I have to stay capped at $*,*?
In California, the amount of damages you can seek in Superior Court on appeal from a Small Claims judgment is generally limited to the amount you sought in Small Claims. You cannot ask for more than you did in your original claim.
You say "generally limited." What are the exceptions? Under what circumstances can I seek a higher amount?
In California, exceptions to the limit on damages might occur if new evidence is discovered that was not known during the original trial, or if it can be proved that the judgment in Small Claims Court was obtained by fraud. You should consult with an attorney for specifics.
can I speak with an attorney?
I'm sorry for any confusion, but as a legal information provider, I'm unable to connect you directly with an attorney. However, you can contact the California State Bar Association's Lawyer Referral Service to find an attorney. Their number is (*) *-*.