Upson Metal Fabricators v. Superior Court

This action began when petitioner Upson Metal Fabricators sued Maijorie Baldwin in the Small Claims Court of Riverside County. The complaint sought $1,500 as the amount due under a construction contract.

Ms. Baldwin filed a defendant’s claim (Code Civ. Proc., § 116.8) against petitioner for $1,150, alleging poor workmanship and materials. After trial in the small claims court, judgment was entered against Upson Metal Fabricators on its claim, but in favor of Ms. Baldwin on her defendant’s claim. Petitioner timely presented a notice of appeal to the clerk of the municipal court, but the clerk refused to accept it. This refusal was apparently prem *69 ised upon a ruling by the Riverside County Superior Court rendered in another case, in which it held that no appeal would lie from a judgment in favor of a defendant on an affirmative claim.

We stayed enforcement of the judgment in favor of Ms. Baldwin and requested a response to the petition. Although none has been received, the issues are clear and we deem the case appropriate for the issuance of a peremptory writ in the first instance (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171 [ 203 Cal.Rptr. 626 , 681…