US-CaliforniaCan I appeal a small claims court decision?
Yes, you can appeal a small claims court decision in California, but only the defendant may appeal — the plaintiff cannot. The appeal must be filed within 30 days and results in a new trial in superior court.
What the Law Says
California law strictly limits who can appeal a small claims judgment and when. Only the defendant — the party sued — has the right to appeal. The plaintiff (the person who filed the claim) cannot appeal, even if dissatisfied with the outcome.
Small claims appeals are governed by the Code of Civil Procedure and the Rules of Court. Unlike typical civil appeals, a small claims appeal does not ask a higher court to review legal errors — instead, it results in an entirely new trial before a different judge in the superior court.
The appeal must be filed within 30 days after the clerk mails or delivers the Notice of Entry of Judgment. This deadline is strict and cannot be extended for most reasons.
The maximum amount that can be claimed in small claims court in California is $10,000 (for most individuals and businesses), though a person cannot file more than two claims over $2,500 in a calendar year.
Statutory TextThe defendant may appeal the judgment. The plaintiff may not appeal.
— Code of Civil Procedure, § 116.710(a) — Right to appeal
Statutory TextAn appeal from a judgment of the small claims court shall be taken within 30 days after the clerk mails or delivers the notice of entry of judgment.
— Code of Civil Procedure, § 116.720(a) — Time for appeal
What to Do
Confirm you are the defendant — only defendants may appeal.
File Form SC-140 (Notice of Appeal) with the small claims clerk within 30 days of the Notice of Entry of Judgment.
Pay the $80 filing fee (or request a fee waiver using Form FW-001).
Serve a copy of the Notice of Appeal on all other parties.
Prepare for a new trial in superior court — evidence and witnesses must be re-presented.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.