Legal Question in Business Law in California

Re: small claims loss despite contract

You appeal to the Superior Court and you have a right to do so. The problem is that the same witnesses will still lie. On the other hand, you will get a more fair hearing on the contract. Small claims judges are notoriously rude, dismissive and often do significant damage.

You can have a lawyer when you appeal but need not have one.

Re: small claims loss despite contract

As the losing defendant in a small claims action, your husband can appeal to the Superior Court. There, he will get a new trial before a judge who is likely to be more experienced than the one he had in small claims. The trial will be very similar procedurally to the one he has already had; both sides will be able to call witnesses and offer evidence, but won't have very much time.

Unlike most appeals, this one will actually be a new trial. The result of the old trial will be voided and a new judgment will be entered once the judge makes his or her decision.

The problem, of course, is that witnesses who lied convincingly once will likely do so again. You say they are known liars, so your husband should try to prove this by offering evidence and testimony about their past dishonesty -- especially where they lied under oath. Impeaching their credibility this way may help him prevail.

One difference between the appeal and the original small claims action is that your husband will be able to have an attorney with him if he wants. Depending on the amount at stake this may not be worth doing, but it is an option.

I should add that the facts you relate don't really tell me enough to assess whether your husband should win or lose; I can imagine situations where the plaintiff would indeed be entitled to a judgment. I would need to know more about the case before I could assess your husband's chances.

Re: small claims loss despite contract

You have the right to appeal, and you have a right to hire an attorney. This might be what it takes.

Re: small claims loss despite contract

There is never a guarantee that you can win a case. A small claims matter can be appealed to the Superior Court. The case is then heard over as if the prior trial did not occur. Attorneys are permitted at the appeal and the judges are more likely to apply the rules of evidence.