Legal Question in Civil Litigation in California

Definition of ''party'' in small claims action

California Code of Civil Procedure Section 116.795(a) states that the ''Superior Court may dismiss the appeal if the appealing party does not appear at the hearing . . .'' Does the term ''appealing party'' or simply ''party,'' refer to the actual litigant, or does the term party include the attorney representing the appealing defendant? Stated differently, if the judge dismisses a small claims appeal when the litigant is not there, but his counsel is, will a motion for reconsideration by defense counsel succeed?

They cite Flannery v. Prentice (2001) DJDAR 8530 for definition of ''party.''


Asked on 8/29/01, 4:46 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Definition of ''party'' in small claims action

Although attorneys are not allowed in small claims actions, in appeals they are allowed, and often appear. An attorney may appear on behalf of a client, even though the party (client) was not represented by an attorney originally.

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Answered on 9/17/01, 2:50 pm


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