After appeal to the city, then its appeal to the court

[admin]

Honestly, the "labels" used are stupid and confusing. So much so the courts have been confused for 30 years.

Your first defense is notifying the city you are appealing. Basically its a way of you stating you are not guilty. You defend yourself in the city administrative appeal. At the city level you are 'presumed" guilty when the code officer signs his name. This seems technically why the statute creator labeled the first defense an appeal.

When you lose, and most likely you will, you then "request" a de novo appeal at the superior court. (See download section for forms). Another label. By law superior court cannot "review" an administrative decision. This is described and cited in this website. Also the superior court is not a court of review, like the Court of Appeal. The CORRECT name for the procedure is a TRIAL DE NOVO, a completely new trial, additional evidence, additional witnesses, etc. Its NOT an appeal at all. Confused yet?

Even more confusing is that the trial de novo is AGAIN the city making a case against you. This is because it is a trial de novo. So even though you trigger the case by requesting a de novo trial, you are still the defendant.

Step 1: city administrative appeal
Step 2: de novo trial in superior court, limited jurisdiction*

*If there is ANY possibility at all your case is in excess of $35,000 or will be about things that cannot be decided in limited jurisdiction. IF YOU HAVE IMPORTANT ISSUES, and your case could be more than $35K you will want to place "UNLIMITED JURISDICITON" on your filing. You should at least speak to an attorney if this is the case. However, there are substantial benefits when your case is in unlimited. One, is that your case, if necessary, is reviewed by the Court of Appeal, a real court of review.

It is very difficult to switch court levels once the case is filed and assigned. The fee is $25 either way. Be careful, as you will anger the court if your case does not belong in unlimited jurisdiction, so be careful.