Legal Question in Appeals and Writs in California
I called a loan modification company to help me do a mod. THEY said that they would guarantee it. I got a contract from a law firm (that by the way is in the same suite as the mod company) that spelled out the agreement and the guarantee but does NOT mention the loan mod company I had originally called and my payments were to the law firm. From that point on ALL my dealings were with the mod company and no one else. I ended up winning a small claims against the loan mod company but they have appealed it based on the fact that they said that they were agents of the law firm and that the case should have been against the law firm since the contract was from that law firm. I know not ethical, but is there anything that is in my favor I can use to help in the appeal?
1 Answer from Attorneys
You can retain an attorney for the small claims appeal, and might be able to get some of your attorney's fees from the other side if you win.