California  |  Real Estate Law

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6/27/03, 3:12 pm

Legal Question


WON in Small Claims, but there's an Appeal in Superior Court

My neighbor and I met in Small Claims court last month regarding the damage two of his trees' roots are doing to my property. I won $5,000. Now he has appealed the case and it is going to Superior Court.

Do the rules of Small Claims still apply in an appeal ($5,000 limit, no lawyers, etc.)? Can I ask the judge for an order to have my neighbor remove his trees? Small claims only deals in damages and I couldn't get the trees removed.

I would appreciate any information on the subject.

Thanks


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