Adamson

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 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…