回複：回複：回複：回複：回複：CA Small Claims 意外輸了，有法補救嗎？

Correcting an Error or Appealing a Small Claims Court Judgment
Only the person against whom a claim is made may appeal a small claims court judgment. The party who files a claim in small claims court (the plaintiff) can't appeal the judge's decision on that claim. For that party, the court's judgment is final. Similarly, if the defendant files a claim against the plaintiff, the defendant may not appeal the court's ruling on the defendant's claim. Only the plaintiff can appeal a decision on a claim filed by the defendant.

There are two ways to have a dispute re-examined by a judge. The first is to appeal, which entails a re-hearing of the dispute before a different judge of the superior court. A defendant (or a plaintiff who loses on a claim filed by the defendant) who appeared at the small claims hearing may have the dispute re-heard by a different judge. Also, an insurer of a defendant may appeal the judgment if the judgment exceeds $2,500 and the insurer's policy covers the matter to which the judgment applies.

The appeal from a judgment in small claims court is started by filing a Notice of Appeal (Form SC-140) with the small claims clerk within 30 days after the judgment is delivered or handed to the disputants in court or, if the decision is mailed, within 30 days after the date the clerk mails the Notice of Entry of Judgment (Form SC-130) to the parties, whichever is earlier. The date of mailing (or in-court delivery) appears on the form. The fee for filing an appeal is $75. Once the defendant files a Notice of Appeal, the judgment from which the appeal is taken can't be enforced, and the defendant (judgment debtor) need not pay anything to the plaintiff (judgment creditor) unless and until the appeal is dismissed or the defendant loses the claim on appeal.

A plaintiff or defendant also has the right to invite but not require the small claims court to re-examine its decision. This is accomplished by filing with the small claims court a Request to Correct or Vacate Judgment (Form SC-108). While the defendant is the only party with a right to file an appeal, either party, whether plaintiff or defendant, may request the small claims court to correct "a clerical error in the judgment" or vacate a judgment and re-hear the dispute "on the grounds of an incorrect or erroneous legal basis for the decision." The request should describe the asserted error both clearly and persuasively.

The option to register such a request gives both parties to a small claims court action a limited opportunity to have the small claims court reconsider an allegedly erroneous decision, although not the right to another hearing unless the small claims court considers it necessary to re-hear the case. Such a request must be filed no later than 30 days after the small claims clerk mails or delivers the Notice of Entry of Judgment (Form SC-130) to the parties (but the court retains its inherent power to correct an error).

If a defendant files a request to correct an error (Form SC-108), the defendant should be mindful of the need to also file a Notice of Appeal (Form SC-140) within 30 days after receiving the Notice of Entry of Judgment. The reason is that the 30-day time limit for filing a Notice of Appeal is not extended. If the small claims court does not grant the request to correct the alleged error, the defendant's appeal right will have been lost unless a Notice of Appeal was filed.

Re-Hearing Before a Different Judge on Appeal
The appealing party is entitled to a new hearing before a different judge of the superior court. The plaintiff's claim and any claim filed by the defendant are heard together, as in small claims court. That means that the parties must present their cases as if they were being presented for the first time. The results of the first hearing, and the testimony and other evidence offered at that hearing, are not considered by the second judge who hears the case.

Example: If a plaintiff buyer seeks to cancel the purchase of a motor vehicle and recover the down payment, and the defendant car dealer files a claim against the plaintiff for the unpaid balance of the purchase price of the vehicle, an appeal by either party entails re-hearing the claims of both parties. At the new hearing on appeal, each party should be prepared to present his or her side of the case and bring any supporting witnesses and documents.
Example: If the plaintiff files an action against two defendants and is awarded a judgment against defendant #1 but not defendant #2, and defendant #1 then decides to appeal, the appeal entails re-hearing plaintiff's claims against both defendants. This carries out the policy that treats an appeal as an entirely new case.
The judge who hears the appeal conducts the re-hearing in the same informal way that cases are heard in small claims court. The only exception is that an attorney may represent a party at the hearing on appeal. The judge who presides at the hearing on appeal allows the parties' attorneys to present evidence and examine witnesses under the judge's guidance and control.

At the close of the hearing, the judge issues a new judgment, and a new Notice of Entry of Judgment (Form SC-130) is delivered or mailed to the parties. If the judge awards costs to the prevailing party, the costs so awarded include those incurred by the prevailing party in both the small claims court and on appeal.

For good cause and where necessary to achieve substantial justice between the parties, the judge who hears an appeal may award reimbursement of the following expenses to a plaintiff who has prevailed at the hearings in both the small claims court and on appeal:

Attorney's fees actually and reasonably incurred in connection with the appeal, but not exceeding $150, and
Actual loss of earnings and expenses of transportation and lodging, to the extent actually and reasonably incurred in connection with the appeal, but not exceeding $150.
The court will make an award of expenses against a defendant who loses an appeal only if the court determines that the circumstances justify the award, and the award is necessary to achieve substantial justice between the parties.

If you are the appealing party, and the judge who hears the appeal finds that your appeal was not based on substantial merit or good faith, but was intended solely to harass or delay the other party or encourage the other party to abandon his or her claim, the court also can award the other party a judgment against you for up to $1,000 for attorney's fees and up to $1,000 for transportation and lodging.

If you are sued in small claims court and lose, don't appeal unless, after evaluating your defense, you have a good faith belief in the actual merits of your defense, and are not just trying to delay payment to the plaintiff.

資料來源:
http://www.dca.ca.gov/publications/small_claims/judgment.shtml#appeal

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• 回複：回複：回複：回複：回複：回複：CA Small Claims 意外輸了，有法補救嗎？ -qingkongsheng- ♀ (52 bytes) () 04/06/2009 postreply 20:00:50