Legal Question in Business Law in California

I have lost my case in small claim court (los Angeles), now I need to appeal. Can do it with an attorney?. I need representation ASP


Asked on 5/27/15, 10:37 am

3 Answers from Attorneys

The right to appeal a small claims judgment depends on a lot of things. If you were the plaintiff and lost, you cannot appeal. (CCP 116.710(a).) If you were the defendant, you may appeal to the superior court. Yes, you can have attorney representation in the superior court. However, practically speaking, the cost of hiring an attorney to prosecute the appeal could exceed the judgment itself.

Disclaimer: I am not your attorney and have not examined the facts of your case. I provide this answer as a courtesy to you, for information purposes only. You should always consult an attorney for legal advice about your case.

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Answered on 5/27/15, 10:49 am
Gerald Dorfman Dorfman Law Office

Attorneys are allowed to handle small clams appeals in California, but whether you can appeal depends on whether you were the plaintiff or defendant, and whether you showed up at the hearing. A good explanation of the rules can be found at http://www.courts.ca.gov/1115.htm

Also, more information is available at http://limitedscopecounsel.com/small-claims/ Good luck!

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Answered on 5/27/15, 10:50 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If your case is indeed appealable, I suggest having a brief and free consultation with a business-law attorney near you. Most attorneys will give you 15 or so minutes free consultation, and your visit should focus on (1) the likelihood of prevailing on appeal, (2) whether the cost to appeal is reasonable in view of your likely recovery, and (3) the risk of being unable to collect after getting a favorable judgment. Unless you just want to teach the other party a lesson, even a successful appeal has economic downside.

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Answered on 5/27/15, 11:04 am


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