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§ 116.780.Judgment of superior court

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 7. Motion to Vacate, Appeal, and Related Matters · Last amended 2012 · Last verified July 28, 2026

In one sentenceSection 116.780 makes the superior court’s judgment after a small claims appeal final and not appealable, applies the small claims judgment rules to it, and lets the superior court award a party up to $150 in attorney’s fees and up to $150 in lost earnings and travel expenses connected to the appeal for good cause.

Full Text of § 116.780

Text sizeJump to: (a) (b) (c)

(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 subdivision (c).
(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).

Plain-English Summary

Section 116.780(a) closes the appellate road at one level: the superior court’s judgment after a small claims appeal is final and cannot itself be appealed. Subdivision (b) applies Article 6’s judgment rules (commencing with § 116.610) to that judgment, except as subdivision (c) modifies them.

Subdivision (c) lets the superior court award a party to the appeal, for good cause and where necessary to achieve substantial justice, reimbursement of up to $150 in attorney’s fees reasonably incurred in connection with the appeal, and up to $150 in lost earnings and transportation and lodging expenses reasonably incurred in connection with the appeal. This reimbursement is available to either side, based on substantial justice, and is distinct from the bad-faith-appeal sanction described in § 116.790.

Official Comment

The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.

2011 Law Revision Commission Comment. Section 116.780 is amended to delete an obsolete reference to subdivision (d), which no longer exists. For the legislation that eliminated subdivision (d), see 2005 Cal. Stat. ch. 706, § 8. For the text of that subdivision, see 1994 Cal. Stat. ch. 587, § 3; 1991 Cal. Stat. ch. 915, § 26. 39 Cal. L. Rev. Comm. Reports 223 (2009).

Frequently Asked Questions

Can a small claims appeal decision be appealed further?

No. Section 116.780(a) makes the superior court’s judgment after the appeal final and not appealable.

Can I recover attorney’s fees for a small claims appeal?

Up to a point. Section 116.780(c) lets the superior court award up to $150 in attorney’s fees reasonably incurred in connection with the appeal, for good cause and to achieve substantial justice.

Can I recover lost wages or travel costs for going to the appeal hearing?

Yes, up to a limit. Section 116.780(c) also allows up to $150 in actual lost earnings and transportation and lodging expenses reasonably incurred in connection with the appeal.

Amendment History

Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 26 (SB 771); Stats 1994 ch 587 § 3 (AB 3600); Stats 2005 ch 706 § 8 (AB 1742), effective January 1, 2006; Stats 2011 ch 308 § 1 (SB 647), effective January 1, 2012.

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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