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Title 1: Organization and Jurisdiction | Chapter 5.5: Small Claims Court | Article 7: Motion to Vacate, Appeal, and Related Matters

California Code of Civil Procedure – 2026

Back to Part Part 1: Of Courts of Justice ← Previous Part 1: Of Courts of Justice | Title 1: Organization and Jurisdiction | Chapter 5.5: Small Claims Court | Article 6: Judgment Next → Part 1: Of Courts of Justice | Title 1: Organization and Jurisdiction | Chapter 5.5: Small Claims Court | Article 8: Satisfaction and Enforcement of Judgment

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Chapter 1: Courts of Justice in General Chapter 3: Supreme Court Chapter 4: Superior Courts Article 1: Jurisdiction in Limited Civil Cases Article 2: Economic Litigation for Limited Civil Cases Article 1: General Provisions Article 2: Small Claims Court Article 3: Actions Article 4: Parties Article 5: Hearing Article 6: Judgment Article 7: Motion to Vacate, Appeal, and Related Matters Article 8: Satisfaction and Enforcement of Judgment Article 9: Administration Article 1: Open Court Access Article 2: Incidental Powers and Duties of Courts Article 3: Judicial Holidays Article 4: Proceedings in Case of Absence of Judge Article 6: Seals of Courts Chapter 7: Special Immigrant Juvenile Findings Chapter 2: Powers of Judges at Chambers Chapter 3: Disqualifications of Judges Chapter 4: Incidental Powers and Duties of Judicial Officers Chapter 5: Miscellaneous Provisions Respecting Courts of Justice Chapter 1: Trial Jury Selection and Management Act Chapter 2: Court Commissioners Chapter 1: Of Ministerial Officers Generally Chapter 2: Levying Officer Electronic Transactions Act Chapter 3: Phonographic Reporters [269 - 274a] Chapter 1: Attorneys and Counselors at Law
§ 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 … § 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 claim… § 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 fo… § 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 claim… § 116.740 (a) If the defendant was not properly served as required by Section 116.330 or 116. § 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. § 116.760 (a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal. § 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 … § 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. § 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 p… § 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… § 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 th…