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
6 Answers from Attorneys
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.
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.
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.
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.
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.
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.