Legal Question in Appeals and Writs in California

can cap be lifted in a small claim appeal

I won a judgment in small claims over medical malpractice agance a horse vet were I was the plaintiff and now the defendant is appealing it goes to superior court now and I want to know one how do I get the date changed because my expert witness has a conflict with the date and can the cap be lifted on the amount I can sue for since I have had a lot of money damages I wanted to go to supirior court before but could not afford a attornie


Asked on 12/05/04, 2:11 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: can cap be lifted in a small claim appeal

You should be able to get a continuance, but act quickly, you must file for one at least 10 court days prior to. You may also want to get represented, the defendant likely will be. Call me directly at (619) 222-3504.

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Answered on 12/06/04, 2:11 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: can cap be lifted in a small claim appeal

If your expert witness cannot attend on the scheduled date you will should ask the defendant to stipulate to a continuance (i.e., to agree to postpone the hearing) and then submit the stipulation to the court. If the other side doesn't agree, you will need to submit a written motion explaining why you need a new date. Be sure to include a declaration from the expert explaining why he has a conflict and when he will be available, as well as your own declaration describing your efforts to reach an agreement with the other side.

And no, you cannot increase the damages cap now. Your decision to go to small claims court waived any right you might have had to a higher award of damages. You should, however, be able to recover your additional costs, perhaps including your expert witness's additional fees.

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Answered on 12/05/04, 5:16 pm


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