How Do I Appeal a Limited Civil Matter in California Superior Court?
If you wish to appeal a trial court decision on a limited civil matter (disputes involving $25,000 or less), the Appellate Division of the California Superior Court will hear your appeal. Although the Appellate Division will review your appeal, you must file your Notice of Appeal in the appropriate business office location.
Where Do I File My appeal?
You will first need to determine what type of matter you are appealing, where to file your notice of appeal and the appellate court (or reviewing court) who will hear your appeal. This information can be found on the Superior Court of California website. http://www.sdcourt.ca.gov
Process of Appeals to the Appellate Division of Superior Court
After the trial court decision is made, the losing party can file a notice of appeal with the trial court. The trial court clerk will notify the other parties and the Appellate Division. The trial court record is then submitted to the appellate division.
Both appellant and respondent must submit written briefs presenting their legal arguments.
When all forms are submitted, the case is placed on the court calendar and is generally assigned to a panel of three Appellate Division judges. The Judges will review the trial court records, written briefs, and applicable law and precedent. Oral argument is heard, unless waived by litigants.
On a three-judge panel, concurrence of two of the three judges is necessary to form a majority. The decision is filed and mailed to both parties.
The Losing party may ask Appellate Division to rehear the case by filing a Petition for Rehearing.
In a very limited number of cases, the losing party may file an application for the certification and transfer of the appeal to the Court of Appeal.
If you need help filing an appeal or have any questions about the appeal process, call our office today at 877-603-8473 or fill out the secure mailing form. We are here to help you navigate the legal process and secure your legal rights.