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by anarazel 3022 days ago
IANAL.

It's not inconceivable they could make further trouble nevertheless: https://law.justia.com/cases/california/court-of-appeal/3d/1...

The relevant part appears to be:

"The Eloby court's dictum suggests that section 117.12 was designed to preclude only appeal, motions for new trial, and motions to vacate judgment. The court's initial issuance of the alternative writ further suggests that section 117.12 was not read as curtailing the ability of appellate courts to review important issues arising in small claim actions.

Following the lead of the Eloby court, we read section 117.12 as not foreclosing appellate court review by extraordinary writ. Since statewide precedents can only be created by appellate courts, jurisdiction to decide appropriate small claims court issues must be retained by appellate courts in order to secure uniformity in the operations of the small claims courts and uniform interpretation of the statutes governing them. We do not believe that the Legislature intended to make all actions of the superior courts in such cases totally unreviewable or reviewable only on certification. (Code Civ.Proc., s 911; Cal.Rules of Court, rule 61(b).) "

This seems a bit weird.

1 comments

Thanks!