How do I appeal a default unlawful detainer court ruling (non jury trial)?
Full Question:
Answer:
If you do not agree with the judgment you may file the following:
Motion to Vacate
Motions to Vacate can be made by parties who have had default judgments entered against them. If granted the default judgment will be vacated and the matter will be reset for a trial.
Motion for a New Trial
Motions for a new trial can be made under certain circumstances. This process begins by filing a Notice of Intention to Move for New Trial with the clerk and serving the same on the adverse party within 15 days from the date of mailing of the notice of entry of judgment. The Notice of Intention to Move for New Trial must state the grounds upon which the motion will be made. Within 10 days of filing the Notice of Intention, the Motion for New Trial must be filed with the Court. The Court will then set a hearing date for your motion. This hearing date must be within 60 days from the date of entry of judgment.
Notice of Appeal
An appeal is not a re-trial. New testimony and exhibits are not allowed. An appeal should not be made simply because a party thinks that they should have been believed or their opponent disbelieved. It is beyond the scope of the appellate court to re-decide a case by re-weighing the existing evidence. Filing a Notice of Appeal does not stop the enforcement of a judgment. A plaintiff who has obtained a judgment may attempt to collect money or remove a tenant even though an appeal is filed.