Mills

This petition for a writ of prohibition presents the question whether a defendant’s time to appeal to the superior court from an adverse judgment of the small claims court can be extended because the defendant relied upon the erroneous advice of the clerk of the small claims court that the defendant had more time to appeal than was prescribed by the California Rules of Court.

On March 17, 1969, in the Small Claims Court of the Yuba Judicial District, a money judgment was entered against the real parties in interest (hereinafter, “defendants”) in an action filed by petitioner herein, as plaintiff.

Section 117j of the Code of Civil Procedure permits a defendant to appeal from a small claims judgment to the superior court, where the action is tried de novo. Section 117j also provides that the practice and procedure on such an appeal “shall be prescribed in rules adopted by the Judicial Council.” Rule 152(a) of the California Rules of Court provides that a small claims appeal “is taken by filing with the clerk of the trial court a notice of appeal [accompanied by an appeal bond or cash deposit] . . . within 20 days after entry of judgment. . . (Italics ours.) (See, §§ 117/,…