As plaintiff, how do I prepare for an appellate hearing (small claims) in CA?

Question

I filed a claim against my former landlord for failing to return my security deposit. The  Court ruled in my favor, stating that the former landlord – who didn't appear at the original hearing – acted in bad faith.  
 
The landlord filed a motion-to-vacate the Court’s ruling, claiming they didn't know of the original hearing. But after the motion-to-vacate hearing,  the Court denied the landlord’s motion-to-vacate, citing the proof-of-service affidavit (SC-104) that was submitted to and approved by the Court well in advance of the original hearing.  
 
The landlord appealed the Court’s denial of motion-to-vacate ruling. The appellate hearing is this month. My understanding is at the appellate hearing, the defendant (former landlord) must prove that the district judge misapplied the law, which adversely affected the outcome. But, as plaintiff, do I need to provide add'l evidence?

Maurice Mandel II · Answer

I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was served or was entitled to vacate the judgment. Now, if the LL failed to TIMELY appeal from the SC judgment, then his issue may very well be whether the court that denied his motion to vacate the judgment correctly applied the law.  Look up small claims rules on the Cal Legislature website, "California Law" and "Code of Civil Procedure." They are in about section 116 as I recall. In an appeal, you are entitled to be represented by an attorney and the court can award an additional amount to cover (partly) your attorney's fees. Thanks for using Justia Ask a Lawyer.

James L. Arrasmith · Answer

You do not need to provide additional evidence for the appellate hearing. The appellate court reviews the existing record from the lower court to determine if there were any legal errors that affected the outcome. Your focus should be on demonstrating that the trial court applied the law correctly and that the evidence supported the original decision. 
 
Prepare by thoroughly reviewing all documents and transcripts from your initial case. Highlight how the proof-of-service affidavit (SC-104) was properly handled and how the landlord’s failure to appear demonstrated bad faith. Organize your arguments to clearly show that the trial court's ruling was justified based on the facts and applicable laws. 
 
Be ready to explain why the motion-to-vacate should remain denied and emphasize that the landlord did not present valid reasons to overturn the original judgment. Practice presenting your case confidently and concisely, addressing any potential questions the appellate judge might have. This preparation will help reinforce the strength of your original ruling without needing new evidence.

Q: As plaintiff, how do I prepare for an appellate hearing (small claims) in CA?