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.
§ 116.790.Award of attorney’s fees, lost earnings, and expenses
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 116.790 lets the superior court, after finding an appeal was without substantial merit, not in good faith, and intended to harass, delay, or pressure the other party into abandoning the claim, award that other party up to $1,000 in attorney’s fees and up to $1,000 in lost earnings and travel expenses connected to the appeal.
Full Text of § 116.790
Plain-English Summary
Section 116.790 is a sanction, not a routine cost award. It applies only after the superior court finds the appeal was without substantial merit, not based on good faith, and was intended to harass or delay the other party, or to pressure that party into abandoning the claim. On those findings, following a hearing on the matter, the court may award the other party up to $1,000 in attorney’s fees reasonably incurred in connection with the appeal, plus up to $1,000 in actual lost earnings and transportation and lodging expenses reasonably incurred in connection with the appeal.
The higher $1,000 caps here, compared to the $150 caps in § 116.780(c), reflect the different purpose: § 116.780 reimburses either party for good cause in the interest of substantial justice, while § 116.790 penalizes an appeal brought in bad faith specifically to wear down the other side.
Frequently Asked Questions
Can I be penalized for filing a bad-faith small claims appeal?
Yes. Section 116.790 allows the superior court, after a hearing, to award the other party up to $1,000 in attorney’s fees and up to $1,000 in lost earnings and travel expenses if it finds the appeal was without substantial merit, not in good faith, and intended to harass, delay, or pressure abandonment of the claim.
How is this different from the reimbursement allowed under § 116.780?
Section 116.780(c) allows a more modest reimbursement (up to $150 each for fees and expenses) for good cause in the interest of substantial justice, without any bad-faith finding, while § 116.790 requires a specific finding of bad faith and allows larger awards, up to $1,000 each.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1990 ch 1683 § 7 (AB 3916); Stats 1991 ch 915 § 27 (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
Also known as: frivolous small claims appeal penalty californiasanctions for bad faith appeal small claims