What Forms Are Required to Appeal a Small Claims Judgment in San Diego?

Question from ishbroith, What Forms Are Required to Appeal a Small Claims Judgment in San Diego?

Answer from AI:

What the appeal filing actually requires

In California small‑claims cases the only mandatory form to start an appeal is the Notice of Appeal (Form SC‑140). You must file the completed SC‑140 with the clerk of the Superior Court in the same county where the original trial was held and pay the filing fee. The appeal must be filed within 30 days after the clerk mails you the Notice of Entry of Judgment (or within 30 days after the judgment is entered if you received it directly) 【self‑help.courts.ca.gov】.

Do you need a separate declaration?

A separate declaration is not required by the rules. The appeal is a “trial de novo,” meaning the case is heard again as if the original trial had never occurred. Because the new hearing will consider all the evidence and testimony anew, the court does not need a written statement of the legal errors you think were made.

You may, however, attach a short declaration or a “Statement of Issues” if you want to:

• Summarize the facts you intend to prove at the de novo trial.
• Point out any procedural matters (e.g., you were not properly served) that you believe the court should be aware of before scheduling the new trial.

Such a declaration is purely optional and is treated as supplemental information; the appeal will proceed even if you submit none.

Typical steps to complete the appeal

1. Obtain Form SC‑140 – The PDF is available from the California Courts website (see “Notice of Appeal (Small Claims) (form SC‑140)”).
2. Complete the form – Provide the case number, parties’ names, the date of the judgment, and indicate that you are requesting a trial de novo.
3. File with the clerk – Submit the original and a copy, pay the filing fee, and obtain a filed copy stamped by the clerk.
4. Serve the other party – Serve a copy of the filed Notice of Appeal on the opposing party (or their attorney) within the time allowed by the rules.
5. Attach optional declaration – If you choose to include a brief declaration, keep it concise (one‑page is typical) and focus on the factual issues you will present at the new trial.
6. Prepare for the trial de novo – Gather all evidence, witnesses, and any documents you want the court to consider. The new hearing is not a review of the original decision; it is a fresh trial.

Relevant statutes and rules

• California Code of Civil Procedure §§ 116.710‑116.795 – Governs the right to appeal a small‑claims judgment and the 30‑day filing deadline.
• California Rules of Court, rules 8.950‑8.966 – Detail the procedural requirements for filing the SC‑140 and serving the appeal.

Both sources are available on the California Legislative Information site and the California Courts website.

When to consider additional help

While the paperwork is straightforward, the de novo trial can become complex if you need to present new evidence, call witnesses, or address procedural defenses. If you are unsure about:

• Whether you meet the 30‑day deadline,
• How to properly serve the appeal on the other side, or
• What evidence you should bring to the new trial,

it is wise to consult a licensed attorney or a qualified self‑help clinic. Many courts, including the San Diego Superior Court, offer free “Small Claims Advisor” services that can review your appeal packet and answer procedural questions.

Quick links for reference

• Notice of Appeal (Small Claims) – Form SC‑140 – [California Courts PDF] (https://www.courts.ca.gov/documents/sc140.pdf)
• California Code of Civil Procedure §§ 116.710‑795 – [Legislative Information] (https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=1.&part=1.&chapter=5.5.&article=7)

Following these steps and the statutory deadlines will ensure your appeal is properly filed. The optional declaration can help clarify your position but is not a prerequisite for the appeal to proceed.