Legal Question in Appeals and Writs in California

hi. i am in CA. a former friend who is a lawyer by trade recently sued me in small claims court for money he claimed i owed him. he produced a copy of a check made out to me with my signature on the endorsement line. this was a complete fake document and the bank the check came from (his bank) agrees that its fraudulent. he won the small claims suit based on this computer generated fake..the 30day appeal deadline just passed. i dont know if fraud by an officer of the court warrants an extension of appeal time or if i can sue or if there is nothing i can do. help..this is completely unjust ans makes a mockery of our courts. what would you do if you were in my shoes?..


Asked on 4/07/11, 1:59 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

How sure are you that the appeal deadline has passed? Even lawyers often miscalculate such deadlines.

If you're right that the date has passed, then you can no longer appeal. But if you can prove that the lawyer did the things you accuse him of, the State Bar will want to know and will likely punish him for it.

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Answered on 4/07/11, 2:25 pm
Anthony Roach Law Office of Anthony A. Roach

I'd at least complain to the State Bar. They have a complaint form on their website.

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Answered on 4/07/11, 3:09 pm
Herb Fox Law Office of Herb Fox

Did you actually appear at the small claims trial to contest the case, or did the attorney win by default? There is an important distinction, because the time period for setting aside a default may differ than the time period to file a notice of appeal.

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Answered on 4/07/11, 8:43 pm


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