Miller v. Superior Court

Real party in interest filed an action in small claims court against Donald Miller, petitioner, and received judgment in the amount of $554 plus $12.50 in costs. Miller had defaulted by not appearing.

Miller moved to set the default aside. His motion was denied. He then filed a notice of appeal.

At the hearing on the appeal the trial judge stated he found Miller did not have a proper reason for appeal and affirmed the municipal court’s ruling. In effect the superior court found there was no reason to grant Miller’s motion to vacate the judgment.

Miller seeks this writ of mandate to compel the superior court to give him a trial de novo as his appeal. We issued an alternative writ of mandate.

A defendant who has defaulted by not appearing at the small claims hearing can only appeal the denial of the motion to vacate the judgment (Code Civ. Proc., § 117.8, subd. (c)). The superior court must first decide if the motion to vacate the judgment should have been granted. If the denial was improper, the superior court may then hear the appeal. (Code Civ. Proc., § 117.8, subd. (c)).

Miller does not say the superior court was wrong in upholding the denial of the motion to…