ARTICLE 7. Motion to Vacate, Appeal, and Related Matters
Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2.
§§ 116.710–116.798 · 13 sections
- § 116.710 (a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s claim, but a plaintiff who did not appear at the…
- § 116.720 (a) A plaintiff who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court.…
- § 116.725 (a) A motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis for the…
- § 116.730 (a) A defendant who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court.…
- § 116.740 (a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the…
- § 116.745 The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.
- § 116.750 (a) An appeal from a judgment in a small claims action is taken by filing a notice of appeal with the clerk of the small claims court. (b) A notice of appeal…
- § 116.760 (a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal. (b) A party who does not appeal shall not be charged any…
- § 116.770 (a) The appeal to the superior court shall consist of a new hearing before a judicial officer other than the judicial officer who heard the action in the small…
- § 116.780 (a) The judgment of the superior court after a hearing on appeal is final and not appealable. (b) Article 6 (commencing with Section 116.610) on judgments of…
- § 116.790 If the superior court finds that the appeal was without substantial merit and not based on good faith, but was intended to harass or delay the other party, or…
- § 116.795 (a) The superior court may dismiss the appeal if the appealing party does not appear at the hearing or if the appeal is not heard within one year from the date…
- § 116.798 (a) (1) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small claims division, other than a…