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by dtrizzle 3447 days ago
"However, in the second trial the small claims cap of $10,000 is removed and the judge can potentially award much more money in damages to the plaintiff."

This is wrong. $10,000 is the absolute damages cap in small claims court and the small claims appeal (which is really just a new trial). See California Code of Civil Procedure Section 116.220 and 116.221. The exact same claim is simply heard in front of a new judicial officer. It is not possible to amend the claim to add more damages in the appeal. See California Code of Civil Procedure Section 116.770(d).

A judge could award another $1000 but only if the appeal was frivilous. See California Code of Civil Procedure 116.790. This happens rarely.

* I'm a CA licensed attorney and just happened to attend the temporary judge small claims training just a couple weeks ago.

1 comments

> * I'm a CA licensed attorney and just happened to attend the temporary judge small claims training just a couple weeks ago.

Fair to assume this is not legal advice to the OP (or anyone), then?

Factual statements of judicial systems and procedures (e.g. "a judge can find someone in contempt of court") is very different to legal advice ("a judge will likely find you in contempt of court").