Legal Question in Appeals and Writs in California
legal error by small claims court judge
what options do I have when the judge commited a legal error in determining the case (Calif)? I filed a motion to vacate the judgement; however, the same judge heard the motion and restricted my presentation, resulting in denial of motion, an appeal to superior court under 116.725 was vacated by the hearing judge, citing 116.730, I wrote to the presiding judge, but should I also submit a writ since I have no other apparent options available as plaintiff? It appears that I have a 60 day window (now down to apprx 20 days).
1 Answer from Attorneys
Re: legal error by small claims court judge
Were you the plaintiff? If so, you probably can't do anything. Plaintiffs cannot appeal from small claims judgments. That's part of the trade-off you accepted in exchange for the faster and simpler proceedings in that forum. If the judge makes a mistake, the plaintiff is stuck with it.
If you were the defendant you may have some rights, but I would need to know more about the judge's supposed error before I could offer any suggestions.
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