Bricker
Bricker v. Superior Court
Opinion
Opinion
Petitioner in these consolidated writ proceedings, Marian E. Bricker, and her husband, Ronald L. Bricker, were sued in small claims court by 11 sets of neighbors for nuisance. Following trial in the small claims matters, judgments were entered in all 11 cases in favor of plaintiffs and against petitioner and her husband. The small claims court’s minutes indicate that petitioner’s husband was present at the small claims trials, but petitioner was “not present.” The record is silent as to whether defaults were entered against petitioner due to her failure to appear at the small claims trials, or whether, as petitioner contends, her husband asked for permission to appear, or was permitted to appear on her behalf pursuant to Code of Civil Procedure section 116.540, subdivision (j).
Following rendition of judgment, petitioner and her husband appealed all 11 adverse judgments. Respondent superior court thereafter issued and served a “Notice of Hearing” in each of the 11 appeals, notifying the parties, including petitioner, of the scheduling of a readiness conference. At the outset of the readiness conference, respondent announced that petitioner “has no right to appeal” since…