Legal Question in Appeals and Writs in California

Re: Judge Counseling Defendant???

Yes. Depending on the timeframe at issue, you may be able to file a set aside motion (vacate judgment for improper application of the law), or appeal under specific circumstances as the plaintiff in the first trial. You may also be allowed legal counsel for appeals. You should retain legal counsel ASAP for advice or representation at this point, before you prejudice your rights.

Re: Judge Counseling Defendant???

You should ASAP speak to an attorney, but remember, in a small claims case you are not entitled to an appeal and many judges would consider a motion to set aside the judgment as being an attempt to get around this rule. It seems this involved a dispute with an ex-girlfriend; so the judge may have seen it as a he says/she says type dispute with you having the burden of proof and noway for the judge to know who is telling the truth [although her admitting that she did owe some money makes her appear very truthful]. Does she have the assets that you will be able to collect on a greater judgment against her? Do you have any proof besides your own word? Judges are biased, but most judges will not over turn a decision just because the other judge acted improperly. And if the case is overturned, you have to retry it with a note in the file that you argued the first judge did not know what he was doing. Consider whether it is worthwhile to try again.

Re: Judge Counseling Defendant???

It sounds like this was the first hearing on small claims. You have a right to an appeal to the Superior Court for a trial de novo at which you have a right to an attorney. Go back to court, now, and file the appeal, you have a limited time. Then you may wish to hire an attorney. Good Luck, Pat McCrary

Re: Judge Counseling Defendant???

None of the previous posts were correct. In California, an unsuccessful plaintiff cannot appeal; having chosen the small claims forum, the plaintiff must accept the result. (Code of Civ. Proc. sec. 116.710. subd. (a). Linton v. Superior Court (1st Dist. 1997) 53 Cal.App.4th 1097.)

A motion to vacate a judgment is only available to a small claims plaintiff who failed to show up at the trial. (Id.)

Most attorneys are unfamiliar with the rules regarding small claims. That is because litigants in small claims matters are not allowed to have attorneys.

The only reason that I am familiar with these rules is that I worked for a short period of time in a small claims advisor's office, during law school. Many counties have them, and I would suggest that in the future, should you decide to choose the small claims venue, that you speak to a small claims advisor.

Very truly yours,

Re: Judge Counseling Defendant???

Mr. Roach is correct. Filing a case in small claims waives the right to appeal that would otherwise be available.

Defendants have the option to appeal, because they do not get to choose the initial venue.

Re: Judge Counseling Defendant???

No. Plaintiffs cannot appeal from decisions of small claims courts. It's part of the bargain for the reduced costs, faster proceedings and added convenience of using that forum. However, if the defendant appeals you will get another chance to present your evidence, though if she only appeals one case you will be stuck with the outcome in the other.