Does a Superior Court have jurisdiction to dismiss a small claims appeal in the absence of a request from appellant?

California, United States of America


The following excerpt is from Acuna v. Gunderson Chevrolet, Inc., 19 Cal.App.4th 1467, 24 Cal.Rptr.2d 62 (Cal. App. 1993):

1 In addition to the issues which we address in this opinion, the superior court's certification order poses the issue of whether a superior court, at a trial de novo after a small claims appeal, has jurisdiction to dismiss the appeal "in the absence of a request from appellant, appellant's failure to appear, or lack of timely prosecution." We do not resolve this issue because it appears that none of these circumstances occurred in this case. Therefore, we would violate the rule prohibiting advisory opinions (see People ex rel. Lynch v. Superior Court (1970) 1 Cal.3d 910, 912, 83 Cal.Rptr. 670, 464 P.2d 126), if we were to reach this issue.

Other Questions


After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
Can an appellate court amend an order of the Superior Court of Appeal in cases not before the court? (California, United States of America)
Does a judge have jurisdiction to hear an appeal from the Superior Court of the Court of Appeal? (California, United States of America)
What is the role of the Court of Appeal on an appeal where the superior court has found that the appellant did not have due process or a statement of decision? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Does a superior court have jurisdiction to award a judgment for less than the jurisdictional amount of the superior court? (California, United States of America)
In what circumstances will the Attorney General dismiss appellant's appeal against the Court of Appeal finding that his claim has not evaded review and indeed was specifically rejected in Goodrich? (California, United States of America)
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)
Does a denial of a motion for reconsideration by the appellate court of the Superior Court of Appeal affect the appealability of the denial of the motion to reconsideration? (California, United States of America)
Is there any case law based on a claim that the Superior Court of Ontario Superior Court has jurisdiction to hear an action brought by a husband against his wife? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.