Legal Opinion

Dorsey v. Superior Court

California Court of Appeal

Decided October 22, 2015No. D067836PublishedCited by 6 opinions

1Opinion of the Court

Opinion

NARES, Acting P. J.

A defendant who loses in the small claims court can appeal to the superior court and obtain a new hearing. Although (with limited exceptions) lawyers cannot take part in the conduct or defense of a small claims trial, lawyers may represent parties in a small claims appeal. (Code Civ. Proc., § 116.530.) Section 116.780, subdivision (c) provides for an award of attorney fees up to $150 in connection with a small claims appeal. Under section 116.790, the amount is increased up to $1,000 if the superior court finds the appeal was “without substantial merit and not based…

2Cases cited40 opinions

  1. Moncharsh v. Heily & BlaseCalifornia Supreme Court · 1992
  2. Madden v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1976
  3. Torres v. Parkhouse Tire Service, Inc.California Supreme Court · 2001
  4. Sanderson v. NiemannCalifornia Supreme Court · 1941
  5. Carver v. Chevron U.S.A., Inc.California Court of Appeal · 2002

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3Cited by6 opinions

  1. Hall v. Dep't of Motor Vehicles, California Court of Appeal, 5th District2018
  2. Cohen v. Super. Ct.California Court of Appeal · 2024
  3. Cohen v. Super. Ct.California Court of Appeal · 2024
  4. Hall v. Dept. of Motor VehiclesCalifornia Court of Appeal · 2018
  5. People v. Super. Ct.California Court of Appeal · 2026

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