Legal Question in Appeals and Writs in California

An appeal of a small claims judgment is appealed through a trial de novo in the Superior Court. You don't have to have an attorney but you risk losing. This is a new trial before a different judge who may or may not agree with the decision below. Good luck.

The appeal will be heard by a different judge (possibly a judge pro tem or a commissioner, unless one of the parties objects) of the Superior Court. It will take the form of a new trial, where the parties will again need to present evidence and make legal arguments. The appeal will not be a review of the first trial; in fact, it will be as if the first trial never happened.

You are not required to bring a lawyer with you, but you may if you like. (Lawyers are not allowed when a small claims case is first brought to trial, but they are on appeal.) If your opponent brings one and you don't, you will be at a distinct disadvantage. If you bring one and the dealer doesn't, then the advantage will be yours. Because your opponent is probably a good-sized business, you should expect it to have a lawyer at the trial.

Good luck.