Appeals from the small claims division of a superior court shall be governed by the Small Claims Act (Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1).
§ 904.5.Appeals From Small Claims Division of Superior Court
Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 904.5 removes small claims appeals from Title 13 entirely, providing that appeals from the small claims division of a superior court are instead governed by the Small Claims Act found in Chapter 5.5, commencing with § 116.110, of Title 1 of Part 1.
Full Text of § 904.5
Plain-English Summary
Small claims cases follow their own appellate track, and this section makes that plain by pointing away from Title 13 rather than adding to it. An appeal from the small claims division of a superior court isn't governed by §§ 904.1 through 904.3 or by anything else in this title — it's governed entirely by the Small Claims Act, Chapter 5.5 of Title 1 of Part 1, commencing with § 116.110.
The reason for a separate track fits the nature of small claims court, which is designed as an informal, lawyer-optional forum for resolving lower-dollar disputes quickly. A cross-reference like this one keeps that separate scheme intact rather than folding small claims appeals into the general civil appeal framework this title otherwise builds.
Frequently Asked Questions
Do the appeal rules in § 904.1 apply to small claims judgments?
No. Section 904.5 sends small claims appeals to the Small Claims Act instead, found in Chapter 5.5 of Title 1 of Part 1 commencing with § 116.110.
Why does small claims have its own appeal statute separate from this title?
Small claims court operates as its own informal system for lower-value disputes, so the Legislature governs its appeals through the dedicated Small Claims Act rather than through Title 13's general civil appeal provisions.
Amendment History
Amended by Stats 2002 ch 784 (SB 1316),s 70, eff. 1/1/2003.
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: small claims appeal californiaappealing small claims judgment california