Township Homes, Inc. v. Superior Court

of the superior court under the recently reenacted statutes governing small claims courts to make an affirmative award to a defendant appealing from a small claims judgment in favor of plaintiff where the defendant also suffered an adverse judgment on her own claim. (Code Civ. Proc., § 116.110 et seq. [all further statutory references are to this code].) We hold that the superior court lacks jurisdiction to enter an affirmative award of damages in these circumstances. But parting company from Anderson v. Superior Court (1990) 226 Cal.App.3d 698 [ 276 Cal.Rptr. 18 ], we further hold that the superior court does have jurisdiction to offset the defendant’s claim against the plaintiff’s award.

Petitioner Township Homes, Inc., plaintiff below, seeks a writ of mandate directing the respondent superior court to set aside its judgment following trial de novo from a small claims court judgment. The respondent court awarded real party in interest Jonni A. Spehar, defendant below, a net judgment of $638 despite the fact that she had lost on her claim in the small claims court. We shall reverse with directions.

Factual and Procedural History

Township Homes, Inc., as the seller,…