Legal Question in Appeals and Writs in California

appeals and writs

won the first judgement for 850.00 she appealed , didn't show up, we were given a ''recovery'' of 490.00 -- I don't understan why the amount was so low. Is the fist judgement thrown out now


Asked on 3/01/08, 8:09 pm

6 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: appeals and writs

I presume this was a small claims case. If I'm right about that, then the answer is yes. The small claims appeal is really a new trial and it supersedes the initial trial. When the new trial began the old judgment no longer carried any weight; the second judge thus had to reach a result on his own and could not simply adopt the first judge's conclusions. You now have a new judgment for $490 in place of the old one for $850.

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Answered on 3/02/08, 7:36 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: appeals and writs

I presume this was a small claims case. If I'm right about that, then the answer is yes. The small claims appeal is really a new trial and it supersedes the initial trial. When the new trial began the old judgment no longer carried any weight; the second judge thus had to reach a result on his own and could not simply adopt the first judge's conclusions. You now have a new judgment for $490 in place of the old one for $850.

Read more
Answered on 3/03/08, 12:57 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: appeals and writs

I presume this was a small claims case. If I'm right about that, then the answer is yes. The small claims appeal is really a new trial and it supersedes the initial trial. When the new trial began the old judgment no longer carried any weight; the second judge thus had to reach a result on his own and could not simply adopt the first judge's conclusions. You now have a new judgment for $490 in place of the old one for $850.

Read more
Answered on 3/02/08, 3:28 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: appeals and writs

I presume this was a small claims case. If I'm right about that, then the answer is yes. The small claims appeal is really a new trial and it supersedes the initial trial. When the new trial began the old judgment no longer carried any weight; the second judge thus had to reach a result on his own and could not simply adopt the first judge's conclusions. You now have a new judgment for $490 in place of the old one for $850.

Read more
Answered on 3/02/08, 3:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: appeals and writs

I presume this was a small claims case. If I'm right about that, then the answer is yes. The small claims appeal is really a new trial and it supersedes the initial trial. When the new trial began the old judgment no longer carried any weight; the second judge thus had to reach a result on his own and could not simply adopt the first judge's conclusions. You now have a new judgment for $490 in place of the old one for $850.

Read more
Answered on 3/02/08, 4:02 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: appeals and writs

I presume this was a small claims case. If I'm right about that, then the answer is yes. The small claims appeal is really a new trial and it supersedes the initial trial. When the new trial began the old judgment no longer carried any weight; the second judge thus had to reach a result on his own and could not simply adopt the first judge's conclusions. You now have a new judgment for $490 in place of the old one for $850.

Read more
Answered on 3/02/08, 6:00 pm


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