Does a defendant who has filed a cross-complaint in small claims court have the right to appeal from the judgment?

California, United States of America


The following excerpt is from Township Homes, Inc. v. Superior Court, 22 Cal.App.4th 1587, 27 Cal.Rptr.2d 852 (Cal. App. 1994):

[22 Cal.App.4th 1592] In Davis v. Superior Court, supra, 102 Cal.App.3d 164, 170, 162 Cal.Rptr. 167, the appellate court held that, although a small claims defendant who has filed a cross-complaint may appeal an adverse judgment on the plaintiff's claim, the superior court lacks jurisdiction to consider the defendant's appeal from the judgment on the cross-complaint. "[A] defendant presenting a cross-complaint in small claims court is a voluntary claimant seeking to have his claim adjudicated in the informal setting of the small claims court. As a voluntary claimant he, like the plaintiff, gives up his right to appeal on the cross-complaint." (Ibid.) The court relied on the plain language of former section 117.8, subdivision (a), which provided in pertinent part, "if the defendant seeks any affirmative relief by way of a claim in the small claims court, he shall not have the right to appeal from the judgment on the claim." (Stats.1976, ch. 1289, 2, p. 5769.)

Other Questions


Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that a defendant has failed to file a supplemental brief to the Court on appeal? (California, United States of America)
Does the late filing of an appeal from a small claims judgment deprive the superior court of jurisdiction to try the matter again? (California, United States of America)
What is the effect of an amended judgment in the Superior Court of Appeal against a defendant who has appealed against the amended judgment? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that defendant failed to provide a supplemental brief to the Court on appeal? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Can a judgment of the small claims court preclude a subsequent judgment from the same cause of action? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.