Legal Question in Appeals and Writs in California

Hello. I live in california in the city of long beach. last summer a tree branch from a 50+ yr old public, city owned tree fell onto my supra. It smashed my windshield, dented my passenger door, and broke my removable sports roof to the point where it broke into pieces and cannot be put back on; all this while under a car cover on a residential street. Damages exceeded $7800.i had a small claims trial in april 2015. The city of long beach said in our small claims case that they do own the tree. They brought into our case a person they called an "arbitrator" who is i charge of whomever maintains the city trees. The incident took place in June of 2014, the man said previous maintenance and trimming took place in 2013 and it hasnt been maintained since because he deemed it "not necessary". Also, they city atty lady said that they were not aware of the tree being a hazard since nobody ever informed them, this was also stated in a written letter when i filed a claim to the city itself in july of 2014. I have 6 signatures from neighbors on a letter stating that the same tree had another big branch break off about 6weeks previous, the city came out and cleaned it up off the street as it was blocking the road, and 2 of them said they had called about that incident and multiple times previously.

Eventually, the judge saw the evidence and ruled in my favor for a sum of $7300+. Within one day i received a letter stating the city of long beach is appealing the decision and i will have a trial at Los Angeles superior court.

I have a couple of question/concerns. Do i need a lawyer for the appeal hearing/trial? I cannot afford one and i dont know if one will take money from my award. If they do take from my award, i would not be able to fix my car. It has been in my driveway for almost a year as my windshield is smashed and i have no roof so i cannot park it anywhere in public. Also, how likely am i to win the appeal? Is the burdon of proof on them now? What avenues can they take to make the case go in their favor and can i do anything to have the judgement upheld? Please help me out, im an electrician that gets by paycheck to paycheck and cannot have more financial burdens instead of having the city be responsible for their neglegence.... FYI i do not have comprehensive insurance to go that route should i lose. Tha k you.


Asked on 5/11/15, 4:24 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

An appeal from a small claims judgement results in a new trial before a Superior Court Judge. You still have the burden of proof in regard to your claim. The City Attorney may be more familiar with the trial judge in this venue than she had with the arbitrator. It is a much more formal legal proceeding than existed in the small claims action. You are always better off to be represented by counsel. This is even more critical when you are in the retrial with an experienced attorney on the other side. The requirements for presentation of evidence are more formal and witnesses need to be presented. It is not safe to rely on written statements and not calling the witness in person. You can represent yourself but it is not recommended. You maybe able to find an attorney who will take your case on contingency especially since you won initially without counsel. Get a referral from the local bar association. Good luck.

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Answered on 5/11/15, 6:55 pm


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