Adamson v. Superior Court

Opinion

BROWN (Gerald), P. J.

May there be a rehearing after an appeal of a small claims matter by trial de novo in the superior court? (Cal. Rules of Court, rule 151 et seq.)

Petitioner Wilfrid Adamson sued real party M. M. Bitker Number One, Inc., doing business as Oceanside Land Co., Inc. (Oceanside), in the small claims court for defects in the construction of his home. The suit was filed beyond the applicable 10-year period of limitations. Adamson won a judgment both in the small claims court and on the trial de novo (appeal) to the superior court. The day after Adamson obtained the favorable judgment on appeal, Oceanside requested alternative relief: either a rehearing, under rule 107, or certification to the Court of Appeal, Code of Civil Procedure section 911. Four days later the superior court granted a rehearing, mooting the request for certification. The court held another hearing and filed a new judgment in favor of Oceanside. Its reasons for the change were mistakes of both

[507]

law and fact. The court said it was mistaken in assuming statutes of limitations should not apply in small claims cases, and it had overlooked some documents in the file confirming Adamson had accepted a compromise offer to fix the allegedly defective paint on his home, coupled with an actual repainting. There had been an accord and satisfaction.

California Rules of Court rule 107 provides for a rehearing within seven days of a judgment of the appellate department of the superior court, after an appeal from the municipal or justice court, to correct errors of law or fact. That rule does not expressly apply to appeals from small claims matters which are not heard in the appellate department, but rather are scheduled as trials in the superior court. The court rules governing appeals to superior court are in division II, title 1, California Rules of Court. (P. 39, pamphlet.) They are divided into four chapters, I, Rules of the Appellate Department; II, Appeals from Municipal and Justice Courts in Civil Cases; III, Trial of Small Claims Cases on Appeal from Municipal and Justice Courts; IV, Appeals from Municipal and Justice Courts in Criminal Cases. Rule 107,

supra,

providing for a rehearing, is found in chapter I relating to rules of the appellate department. No such rule or procedure is in chapter III dealing with appeals of small claims matters. As stated, the latter matters are not heard in the appellate department, hence rule 107 is not literally applicable to them.