Menifee, CA asked in Consumer Law and Appeals / Appellate Law for California

Q: If I won a small claims judgement in small claims court in California,the Defendant decides to file an appeal on the

31st day, the judge ordered the judgement on January 11,2021 and the defendant filed on Feb 11,2021, therefor bringing it to 31days

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: May be untimely, depends on how the notice of judgment was served. Add 5 days for service by mail. Path of least resistance, bring it up at the appeal hearing by filing a motion to dismiss late appeal, the Judge should hear that first, and rule on it then go to the main case. Be prepared to re-try the case.

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