This is one of the procedures covered in California Small Claims Court: Limits, Filing, and Procedure. It explains who can appeal a small claims judgment, the 30-day window for filing the Notice of Appeal under Cal. Code Civ. Proc. § 116.750, what the $75 fee covers, and what the new superior court hearing looks like. It also covers the narrower motions available to a party who did not attend the original trial.
Who can appeal a small claims judgment
California limits the right to appeal in small claims to the party who lost while defending. Under Cal. Code Civ. Proc. § 116.710, a plaintiff has no right to appeal the judgment on the plaintiff’s own claim. A plaintiff who is unhappy with losing the case they brought cannot ask the superior court for a second hearing.
The defendant can appeal the judgment on the plaintiff’s claim. The rule runs both directions on a defendant’s claim: when the defendant filed their own claim (form SC-120) and lost it, the plaintiff may appeal that part of the judgment. The losing side on any given claim is the side that filed it; the party defending against that claim is the one who keeps the right to appeal.
A separate limit applies to parties who skipped the hearing. A plaintiff who did not appear cannot appeal but may instead file a motion to vacate the judgment under Cal. Code Civ. Proc. § 116.710(a). A defendant who did not appear has the same option before any appeal is available, covered below under missed hearings.
The 30-day deadline to file a Notice of Appeal
An appeal starts by filing a Notice of Appeal with the clerk of the small claims court that heard the case. The deadline is strict. Cal. Code Civ. Proc. § 116.750 requires the notice to be filed no later than 30 days after the clerk delivers or mails the notice of entry of the judgment to the parties. A notice filed after that 30-day period is, in the words of the statute, “ineffective for any purpose.”
The clock runs from the date on the Notice of Entry of Judgment (form SC-130 or SC-200), not from the date of the hearing. The two dates are often different, because a judge can take a decision under submission and have the clerk mail it later. The California Courts self-help guide on what happens after a small claims trial explains where that decision date appears on the judgment form.
Filing a request to correct a clerical mistake or to set aside the judgment does not extend the appeal deadline. Under Cal. Code Civ. Proc. § 116.750(c), the only event that restarts the 30-day clock is the delivery or mailing of notice of entry of a modified judgment.
File form SC-140 and pay the fee
The Notice of Appeal is form SC-140. It identifies the case, the judgment being appealed, and the party filing the appeal. The form is filed with the same small claims clerk’s office that issued the judgment.
Notice of Appeal (Small Claims) (SC-140)
From California Courts
URL verified June 2026 · 200 KB
Complete the Notice of Appeal (SC-140)
Fill in the case name and number, identify the judgment being appealed, and state who is appealing. The party appealing is the appellant; the other side is the respondent. The form is short, but the case number and judgment date must match the Notice of Entry of Judgment exactly.
File it with the small claims clerk within 30 days
File the completed SC-140 with the clerk of the court that heard the case. The 30-day deadline in Cal. Code Civ. Proc. § 116.750 is measured from when the clerk delivered or mailed the notice of entry of judgment, so confirm that date before filing.
Pay the $75 filing fee
As of 2026, the appealing party pays a $75 fee to file the Notice of Appeal under Cal. Code Civ. Proc. § 116.760. A party who does not appeal is not charged any fee for documents relating to the appeal. A fee waiver is available for an appellant who cannot afford the fee.
The fee is set by Cal. Code Civ. Proc. § 116.760, which charges the appealing party $75 to file the notice of appeal and charges the non-appealing party nothing for appeal-related documents. An appellant who qualifies for a fee waiver can apply using the same Request to Waive Court Fees process that applies when filing small claims in California at the start of a case.
What the appeal hearing looks like
A small claims appeal is not a review of the first trial’s record. It is a complete new hearing. Cal. Code Civ. Proc. § 116.770 provides that the appeal consists of a new hearing before a judicial officer other than the one who heard the case in the small claims division. Both sides present their evidence and witnesses again, as if the first hearing had not happened.
The new hearing is conducted informally. Under Cal. Code Civ. Proc. § 116.770(b), the pretrial discovery procedures used in regular civil cases are not available, no party has a right to a jury, and the judge is not required to issue a statement of decision. The scope of the hearing covers the claims of all parties that were part of the original case.
One rule changes on appeal. Attorneys are barred from representing a party at the original small claims hearing, but Cal. Code Civ. Proc. § 116.770(c) allows attorneys to participate in the superior court appeal hearing. A party can appear with counsel on appeal even though they could not at the first trial.
If you missed the original hearing
A party who did not attend the small claims trial generally cannot appeal. The path back into the case is a motion to vacate the judgment, not an appeal. A defendant who did not appear may file a motion to vacate with the small claims clerk under Cal. Code Civ. Proc. § 116.730. That motion must be filed within 30 days after the clerk mails the notice of entry of judgment.
The fee for the motion to vacate is lower than the appeal fee. Cal. Code Civ. Proc. § 116.745 sets a $20 fee for filing a motion to vacate. If the court grants the motion, the case is reopened and reheard in the small claims division; if the court denies it, the defendant may then appeal that denial within the appeal deadline.
A separate motion exists for legal errors. Under Cal. Code Civ. Proc. § 116.725, a party may file one motion to correct a clerical error in the judgment or to set aside a judgment based on an incorrect legal basis, within 30 days after the clerk mails notice of entry. This motion is distinct from both the appeal and the motion to vacate.
What an appeal does to enforcement of the judgment
A judgment creditor normally waits out the 30-day appeal window in Cal. Code Civ. Proc. § 116.750 before collecting, and a timely appeal affects what happens next. While the appeal is pending in the superior court, the original small claims judgment is generally not enforced, because the new hearing can change the result entirely.
If the appeal is decided and the judgment stands, collection proceeds as it would on any small claims judgment. The winner can pursue the standard enforcement tools, such as a writ of execution in California (form EJ-130) to levy on property, or wage garnishment after a California small claims judgment to collect from the debtor’s earnings. The appeal hearing fixes the amount owed; the enforcement procedures determine how it is actually collected.
Frequently asked questions
Can the plaintiff appeal if the judge denied their small claims case?
No. Cal. Code Civ. Proc. § 116.710 states that a plaintiff has no right to appeal the judgment on the plaintiff’s own claim. The right to appeal belongs to the party defending against a claim. A plaintiff who lost a claim they filed cannot ask the superior court for a new hearing on that claim, though a plaintiff who appeared and then lost on a defendant’s separate claim can appeal that part of the judgment.
What happens if the Notice of Appeal is filed late?
A Notice of Appeal filed after the 30-day period is ineffective for any purpose under Cal. Code Civ. Proc. § 116.750(b). The deadline runs from the date the clerk delivered or mailed the notice of entry of judgment, and filing a request to correct or vacate the judgment does not extend it. The only event that starts a new 30-day period is the mailing of notice of entry of a modified judgment.
Does a lawyer represent me at the small claims appeal?
Attorneys cannot represent a party at the original small claims hearing, but Cal. Code Civ. Proc. § 116.770(c) allows attorneys to participate in the superior court appeal hearing. A party may appear with counsel on appeal. The State Bar of California maintains a lawyer referral service for finding an attorney in a specific practice area.
Is the appeal a review of the first judge’s decision?
No. Under Cal. Code Civ. Proc. § 116.770, the appeal is an entirely new hearing before a different judicial officer, not a review of the small claims trial record. Both sides present their evidence and witnesses again. The hearing is informal, there is no jury, and no statement of decision is required.
What is the difference between an appeal and a motion to vacate?
An appeal is available to a party who appeared at the hearing and lost while defending a claim, and it produces a new hearing in the superior court for a $75 fee under Cal. Code Civ. Proc. § 116.760. A motion to vacate under Cal. Code Civ. Proc. § 116.730 is for a defendant who did not appear at all; it asks the small claims court to set aside the judgment and reopen the case, for a $20 fee, within 30 days of the mailing of notice of entry of judgment.
Sources
- Cal. Code Civ. Proc. § 116.710 (right to appeal)
- Cal. Code Civ. Proc. § 116.750 (time to file notice of appeal)
- Cal. Code Civ. Proc. § 116.760 (appeal filing fee)
- Cal. Code Civ. Proc. § 116.770 (new hearing on appeal)
- California Courts: What happens after your small claims trial
- California Courts Self-Help Guide: The small claims process
- Notice of Appeal (Small Claims) (SC-140)