How Do I Appeal a Ruling in a California Landlord Tenant Case?
Full Question:
Answer:
Thew answer will depend on whether your case was heard in small claims court or involved more than $25,000. For further information, please see:
http://www.ventura.courts.ca.gov/venturaMasterFrames5.htm
http://www.scselfservice.org/civ/general/following.htm#appeal
http://www.courtinfo.ca.gov/courts/courtsofappeal/contact.htm
Please see the following CA rules of court to determine applicability:
RULE 8.954. FILING THE APPEAL
(a) Notice of appeal
To appeal from a judgment in a small claims case, an
appellant must file a notice of appeal in the small claims
court. The appellant or the appellant's attorney must sign
the notice. The notice is sufficient if it states in
substance that the appellant appeals from a specified
judgment or, in the case of a defaulting defendant, from the
denial of a motion to vacate the judgment. A notice
of appeal must be liberally construed.
(b) Notification by clerk
(1) The clerk of the small claims court must promptly mail a
notification of the filing of the notice of appeal to each
other party at the party's last known address.
(2) The notification must state the number and title of the
case and the date the notice of appeal was filed. If a party
dies before the clerk mails the notification, the mailing is
a sufficient performance of the clerk's duty.
(3) A failure of the clerk to give notice of the judgment
or notification of the filing of the notice of appeal does not
extend the time for filing the notice of appeal or affect
the validity of the appeal.
(c) Premature notice of appeal
A notice of appeal filed after judgment is rendered but
before it is entered is valid and is treated as filed
immediately after entry. A notice of appeal filed after the
judge has announced an intended ruling but before judgment
is rendered may, in the discretion of the reviewing court be
treated as filed immediately after entry of the judgment.
§ 116.710 Civ. Proc.
(a) The plaintiff in a small claims action shall have no right to
appeal the judgment on the plaintiffs claim, but a plaintiff who did not
appear at the hearing may file a motion to vacate the judgment in
accordance with Section 116.720.
(b) The defendant with respect to the plaintiffs claim, and a plaintiff
with respect to a claim of the defendant, may appeal the judgment to the
superior court in the county in which the action was heard.
(c) With respect to the plaintiffs claim, the insurer of the defendant
may appeal the judgment to the superior court in the county in which the
matter was heard if the judgment exceeds two thousand five hundred
dollars ($2,500) and the insurer stipulates that its policy with the
defendant covers the matter to which the judgment applies.
(d) A defendant who did not appear at the hearing has no right to
appeal the judgment, but may file a motion to vacate the judgment in
accordance with Section 116.730 or 116.740 and also
may appeal the denial of that motion.
§ 86 Civ. Proc.
(a) The following civil cases and proceedings are limited civil cases:
(1) Cases at law in which the demand, exclusive of interest, or the
value of the property in controversy amounts to twenty-five thousand
dollars ($25,000) or less. This paragraph does not apply to cases that
involve the legality of any tax, impost, assessment, toll, or municipal
fine, except actions to enforce payment of delinquent unsecured personal
property taxes if the legality of the tax is not contested by the
defendant.
(2) Actions for dissolution of partnership where the total assets
of the partnership do not exceed twenty-five thousand dollars ($25,000);
actions of interpleader where the amount of money or the value of the
property involved does not exceed twenty-five thousand dollars ($25,000).
(3) Actions to cancel or rescind a contract when the relief is sought
in connection with an action to recover money not exceeding twenty-five
thousand dollars ($25,000) or property of a value not exceeding
twenty-five thousand dollars ($25,000), paid or delivered under, or in
consideration of, the contract; actions to revise a contract where the
relief is sought in an action upon the contract if the action otherwise
is a limited civil case.
(4) Proceedings in forcible entry or forcible or unlawful detainer
where the whole amount of damages claimed is twenty-five thousand dollars
($25,000) or less.
(5) Actions to enforce and foreclose liens on personal property where
the amount of the liens is twenty-five thousand dollars ($25,000)
or less.
(6) Actions to enforce and foreclose, or petitions to release, liens
of mechanics, materialmen, artisans, laborers, and of all other persons to
whom liens are given under the provisions of Chapter 2 (commencing with
Section 3109) of Title 15 of Part 4 of Division 3 of the Civil
Code, or to enforce and foreclose an assessment lien on a common interest
development as defined in Section 1351 of the Civil Code, where the
amount of the liens is twenty-five thousand dollars ($25,000) or less.
However, where an action to enforce the lien affects property that is
also affected by a similar pending action that is not a limited civil
case, or where the total amount of the liens sought to be foreclosed
against the same property aggregates an amount in excess of twenty-five
thousand dollars ($25,000), the action is not a limited civil case.
(7) Actions for declaratory relief when brought pursuant to either
of the following:
(A) By way of cross-complaint as to a right of indemnity with respect
to the relief demanded in the complaint or a cross-complaint in an action
or proceeding that is otherwise a limited civil case.
(B) To conduct a trial after a nonbinding fee arbitration between an
attorney and client, pursuant to Article 13 (commencing with
Section 6200) of Chapter 4 of Division 3 of the Business and
Professions Code, where the amount in controversy is twenty-five thousand
dollars ($25,000) or less.
(8) Actions to issue temporary restraining orders and preliminary
injunctions, and to take accounts, where necessary to preserve the
property or rights of any party to a limited civil case; to make any order
or perform any act, pursuant to Title 9 (commencing with
Section 680.010) of Part 2 (enforcement of judgments) in a limited
civil case; to appoint a receiver pursuant to Section 564 in a
limited civil case; to determine title to personal property seized in a
limited civil case.
(9) Actions under Article 3 (commencing with Section 708.210)
of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an
interest in personal property or to enforce the liability of the debtor
of a judgment debtor where the interest claimed adversely is of a value
not exceeding twenty-five thousand dollars ($25,000) or the debt denied
does not exceed twenty-five thousand dollars ($25,000).
(10) Arbitration-related petitions filed pursuant to either of the
following:
(A) Article 2 (commencing with Section 1292) of Chapter 5
of Title 9 of Part 3, except for uninsured motorist arbitration proceedings
in accordance with Section 11580.2 of the Insurance Code, if the
petition is filed before the arbitration award becomes final and the
matter to be resolved by arbitration is a limited civil case under
paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is
filed after the arbitration award becomes final and the amount of the
award and all other rulings, pronouncements, and decisions made in the
award are within paragraphs (1) to (9), inclusive, of subdivision (a).
(B) To confirm, correct, or vacate a fee arbitration award between an
attorney and client that is binding or has become binding, pursuant to
Article 13 (commencing with Section 6200) of Chapter 4
of Division 3 of the Business and Professions Code, where the arbitration
award is twenty-five thousand dollars ($25,000) or less.
(b) The following cases in equity are limited civil cases:
(1) Cases to try title to personal property when the amount involved is
not more than twenty-five thousand dollars ($25,000).
(2) Cases when equity is pleaded as a defensive matter in any case that
is otherwise a limited civil case.
(3) Cases to vacate a judgment or order of the court obtained in a
limited civil case through extrinsic fraud, mistake, inadvertence,
or excusable neglect.
RULE 8.820. APPLICATION OF CHAPTER
The rules in this chapter apply to appeals in limited
civil cases, except small claims cases.
RULE 8.821. NOTICE OF APPEAL
(a) Notice of appeal
(1) To appeal from a judgment or appealable order in a
limited civil case, except a small claims case, an appellant
must serve and file a notice of appeal in the superior court
that issued the judgment or order being appealed. The
appellant or the appellant's attorney must sign the notice.
(2) The notice of appeal must be liberally construed and is
sufficient if it identifies the particular limited civil
case judgment or order being appealed.
(3) Failure to serve the notice of appeal neither prevents
its filing nor affects its validity, but the appellant may
be required to remedy the failure.
(b) Filing fee
(1) Unless otherwise provided by law, the notice of appeal
must be accompanied by the filing fee required under
Government Code section 70621, an application for a waiver
of court fees and costs on appeal under rule 8.818,
or an order granting an application for a waiver of court fees and costs.
The filing fee is nonrefundable.
(2) The clerk must file the notice of appeal even if the
appellant does not present the filing fee or an application
for, or order granting, a waiver of court fees and costs.
(c) Failure to pay filing fee
(1) The clerk must promptly notify the appellant in writing
if:
(A) The court receives a notice of appeal without the filing
fee required by (b) or an application for, or order
granting, a fee waiver of court fees and costs;
(B) A check for the filing fee is dishonored; or
(C) An application for a waiver under rule 8.818 is
denied.
(2) A clerk's notice under (1)(A) or (B) must state that the court may
dismiss the appeal unless, within 15 days after the notice
is sent, the appellant either:
(A) Pays the fee; or
(B) Files an application for a waiver under rule 8.818
if the appellant has not previously filed such an
application or an order granting such an application.
(3) If the appellant fails to take the action specified in
the notice given under (2), the appellate division may
dismiss the appeal, but may vacate the dismissal for good
cause.
(d) Notification of the appeal
(1) When the notice of appeal is filed, the trial court
clerk must promptly mail a notification of the filing of the
notice of appeal to the attorney of record for each party
and to any unrepresented party. The clerk must also mail
or deliver this notification to the appellate division clerk.
(2) The notification must show the date it was mailed and
must state the number and title of the case and the date the
notice of appeal was filed.
(3) A copy of the notice of appeal is sufficient
notification under (1) if the required information is on the
copy or is added by the trial court clerk.
(4) The mailing of a notification under (1) is a sufficient
performance of the clerk's duty despite the death of the
party or the discharge, disqualification, suspension,
disbarment, or death of the attorney.
(5) Failure to comply with any provision of this
subdivision does not affect the validity of the notice of appeal.
(e) Notice of cross-appeal
As used in this rule, "notice of appeal" includes a notice
of cross-appeal and "appellant" includes a respondent filing
a notice of cross-appeal.
RULE 8.822. TIME TO APPEAL
(a) Normal time
Unless a statute or rule 8.823 provides otherwise, a notice
of appeal must be filed on or before the earliest of:
(1) 30 days after the trial court clerk mails the party
filing the notice of appeal a document entitled "Notice
of Entry" of judgment or a file-stamped copy of the judgment,
showing the date either was mailed;
(2) 30 days after the party filing the notice of appeal
serves or is served by a party with a document entitled
"Notice of Entry" of judgment or a file-stamped copy of the
judgment, accompanied by proof of service; or
(3) 90 days after the entry of judgment.
(b) What constitutes entry
For purposes of this rule:
(1) The entry date of a judgment is the date the judgment is
filed under Code of Civil Procedure section 668.5 or the
date it is entered in the judgment book.
(2) The date of entry of an appealable order that is entered
in the minutes is the date it is entered in the permanent
minutes. But if the minute order directs that a written
order be prepared, the entry date is the date the signed
order is filed; a written order prepared under rule 3.1312
or similar local rule is not such an order prepared by
direction of a minute order.
(3) The entry date of an order that is not entered in the
minutes is the date the signed order is filed.
(c) Premature notice of appeal
(1) A notice of appeal filed after judgment is rendered but
before it is entered is valid and is treated as filed
immediately after entry of judgment.
(2) The appellate division may treat a notice of appeal
filed after the trial court has announced its intended
ruling, but before it has rendered judgment, as filed
immediately after entry of judgment.
(d) Late notice of appeal
If a notice of appeal is filed late, the appellate
division must dismiss the appeal.
