Code Civ. Proc. §116.820. Enforcement of Judgments; Costs and Interest

California Code of Civil Procedure  >   Code Civ. Proc. §116.820. Enforcement of Judgments; Costs and Interest
 (a) The judgment of a small claims court may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of judgments of other courts. A judgment of the superior court after a hearing on appeal, and after transfer to the small claims court under subdivision (d) of Section 116.780, may be enforced like other judgments of the small claims court, as provided in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of judgments of other courts.
 (b) The clerk of the court shall charge and collect all fees associated with the enforcement of judgments under Title 9 (commencing with Section 680.010) of Part 2. The clerk shall immediately deposit all the fees collected under this section into a bank account established for this purpose by the Administrative Office of the Courts. The money shall be remitted to the State Treasury under rules adopted by, or trial court financial policies and procedures authorized by, the Judicial Council under subdivision (a) of Section 77206 of the Government Code. The Controller shall distribute the fees to the Trial Court Trust Fund as provided in Section 68085.1 of the Government Code.
 (c) The prevailing party in any action subject to this chapter is entitled to the costs of enforcing the judgment and accrued interest. [2009]

Code Civ. Proc. §116.830. Form for Disclosure of Judgment Debtor’s Assets

California Code of Civil Procedure  >   Code Civ. Proc. §116.830. Form for Disclosure of Judgment Debtor’s Assets
 (a) At the time judgment is rendered, or notice of entry of the judgment is mailed to the parties, the clerk shall deliver or mail to the judgment debtor a form containing questions regarding the nature and location of any assets of the judgment debtor.
 (b) Within 30 days after the clerk has mailed notice of entry of the judgment, unless the judgment has been satisfied, the judgment debtor shall complete the form and cause it to be delivered to the judgment creditor.
 (c) In the event a motion is made to vacate the judgment or a notice of appeal is filed, a judgment debtor shall complete and deliver the form within 30 days after the clerk has delivered or mailed notice of denial of the motion to vacate, or notice of dismissal of or entry of judgment on the appeal, whichever is applicable.
 (d) In case of the judgment debtor’s willful failure to comply with subdivision (b) or (c), the judgment creditor may request the court to apply the sanctions, including arrest and attorney’s fees, as provided in Section 708.170, on contempt of court.
 (e) The Judicial Council shall approve or adopt the form to be used for the purpose of this section. [1991]

Code Civ. Proc. §116.760. Fee for Appeal

California Code of Civil Procedure  >   Code Civ. Proc. §116.760. Fee for Appeal
 (a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal.
 (b) A party who does not appeal shall not be charged any fee for filing any document relating to the appeal.
 (c) The fee shall be distributed as follows:
  (1) To the county law library fund, as provided in Section 6320 of the Business and Professions Code, the amount specified in Section 6321 and 6322.1 of the Business and Professions Code.
  (2) To the Trial Court Trust Fund, the remainder of the fee. [2006]

Code Civ. Proc. §116.770. Appeal Procedure

California Code of Civil Procedure  >   Code Civ. Proc. §116.770. Appeal Procedure
 (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 the small claims division.
 (b) The hearing on an appeal to the superior court shall be conducted informally. The pretrial discovery procedures described in Section 2019.010 are not permitted, no party has a right to a trial by jury, and no tentative decision or statement of decision is required.
 (c) Article 5 (commencing with Section 116.510) on hearings in the small claims court applies in hearings on appeal in the superior court, except that attorneys may participate.
 (d) The scope of the hearing shall include the claims of all parties who were parties to the small claims action at the time the notice of appeal was filed. The hearing shall include the claim of a defendant that was heard in the small claims court.
 (e) The clerk of the superior court shall schedule the hearing for the earliest available time and shall mail written notice of the hearing to the parties at least 14 days prior to the time set for the hearing.
 (f) The Judicial Council may prescribe by rule the practice and procedure on appeal and the time and manner in which the record on appeal shall be prepared and filed. [2004]

Code Civ. Proc. §116.780. Superior Court Judgment on Appeal; Enforcement

California Code of Civil Procedure  >   Code Civ. Proc. §116.780. Superior Court Judgment on Appeal; Enforcement
 (a) The judgment of the superior court after a hearing on appeal is final and not appealable.
 (b) Article 6 (commencing with Section 116.610) on judgments of the small claims court applies to judgments of the superior court after a hearing on appeal, except as provided in subdivisions (c) and (d).
 (c) For good cause and where necessary to achieve substantial justice between the parties, the superior court may award a party to an appeal reimbursement of (1) attorney’s fees actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150), and (2) actual loss of earnings and expenses of transportation and lodging actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150). [2005]

Code Civ. Proc. §116.790. Bad-Faith Appeals; Award of Attorney’s Fees

California Code of Civil Procedure  >   Code Civ. Proc. §116.790. Bad-Faith Appeals; Award of Attorney’s Fees
 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 party, or to encourage the other party to abandon the claim, the court may award the other party (a) attorney’s fees actually and reasonably incurred in connection with the appeal, not exceeding one thousand dollars ($1,000), and (b) any actual loss of earnings and any expenses of transportation and lodging actually and reasonably incurred in connection with the appeal, not exceeding one thousand dollars ($1,000), following a hearing on the matter. [1991]

Code Civ. Proc. §116.795. Dismissal for Failure to Appear or Lack of Timely Prosecution

California Code of Civil Procedure  >   Code Civ. Proc. §116.795. Dismissal for Failure to Appear or Lack of Timely Prosecution
 (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 the date of filing the notice of appeal with the clerk of the small claims court.
 (b) Upon dismissal of an appeal by the superior court, the small claims court shall thereafter have the same jurisdiction as if no appeal had been filed. [1990]

Code Civ. Proc. §116.798. Hearing on Writs Relating to Acts of Small Claims Division

California Code of Civil Procedure  >   Code Civ. Proc. §116.798. Hearing on Writs Relating to Acts of Small Claims Division
 (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 than a postjudgment enforcement order, may be heard by a judge who is assigned to the appellate division of the superior court.
  (2) A petition described by paragraph (1) may also be heard by the court of appeal or by the Supreme Court.
  (3) Where a judge described in paragraph (1) grants a writ directed to the small claims division, the small claims division is an inferior tribunal for purposes of Title 1 (commencing with Section 1067) of Part 3.
  (4) The fee for filing a writ petition in the superior court under paragraph (1) is the same as the fee for filing a notice of appeal under Section 116.760.
  (5) The Judicial Council shall promulgate procedural rules for a writ proceeding under paragraph (1).
  (6) An appeal shall not be taken from a judgment granting or denying a petition under paragraph (1) for issuance of a writ. An appellate court may, in its discretion, upon petition for extraordinary writ, review the judgment.
 (b) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of a superior court in a small claims appeal may be heard by the court of appeal or by the Supreme Court.
 (c) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to a postjudgment enforcement order of the small claims division may be heard by the appellate division of the superior court, by the court of appeal, or by the Supreme Court. [2012]

Code Civ. Proc. §116.750. Notice of Appeal

California Code of Civil Procedure  >   Code Civ. Proc. §116.750. Notice of Appeal
(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.
 (b) A notice of appeal shall be filed not later than 30 days after the clerk has delivered or mailed notice of entry of the judgment to the parties. A notice of appeal filed after the 30-day period is ineffective for any purpose.
 (c) The time for filing a notice of appeal is not extended by the filing of a request to correct a mistake or by virtue of any subsequent proceedings on that request, except that a new period for filing notice of appeal shall begin on the delivery or mailing of notice of entry of any modified judgment. [1991]