Does the late filing of an appeal from a small claims judgment deprive the superior court of jurisdiction to try the matter again?

No reported case has been found on the question whether the late filing of an appeal from a small claims judgment deprives the superior court of jurisdiction to try the matter anew. (But see, Simmons v. Superior Court (1959) 52 Cal.2d 373, 377, 341 P.2d 13, and cases there cited.) However, guided by the rule which governs appeals taken to the appellate department of the superior court and to higher courts, we hold that the time within which to appeal a small claims judgment (rule 152(a), supra) is likewise jurisdictional. The question remains: Can such jurisdictional time be extended by a defendant's reliance on the small claims clerk's mistaken advice as to its duration?

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