(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.
§ 116.750.Notice of appeal
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 7. Motion to Vacate, Appeal, and Related Matters · Last amended 1991 · Last verified July 28, 2026
In one sentenceSection 116.750 requires a notice of appeal from a small claims judgment to be filed with the small claims clerk within 30 days after notice of entry of judgment is mailed or delivered, makes a late notice ineffective for any purpose, and starts a fresh 30-day period only if the judgment is modified.
Full Text of § 116.750
(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.
Plain-English Summary
Section 116.750(a) sets the mechanics of a small claims appeal in motion: it is taken by filing a notice of appeal with the clerk of the small claims court. Subdivision (b) makes the 30-day deadline strict — the notice must be filed no later than 30 days after the clerk delivers or mails notice of entry of judgment, and a notice filed after that period is ineffective for any purpose, not merely late.
Subdivision (c) addresses what does, and does not, extend that deadline. Filing a request to correct a mistake, or any proceedings that follow from it, does not extend the time to appeal. The only thing that restarts the clock is an actual modification of the judgment — in that case, a new 30-day period begins running from delivery or mailing of notice of entry of the modified judgment.
Frequently Asked Questions
How long do I have to appeal a small claims judgment in California?
Section 116.750(b) requires the notice of appeal to be filed within 30 days after the clerk delivers or mails notice of entry of judgment.
What happens if I file my notice of appeal late?
Section 116.750(b) states that a notice of appeal filed after the 30-day period is ineffective for any purpose.
Does filing a motion to correct an error give me more time to appeal?
Not by itself. Section 116.750(c) states that a request to correct a mistake does not extend the appeal deadline, unless the judgment is modified, in which case a new 30-day period begins from notice of the modified judgment’s entry.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 23 (SB 771).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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