Legal Question in Appeals and Writs in California

Motion to vacate appeal in small claims court
I am seeking a pro bono lawyer to help me prepare an appeal in Kern County. This is a tenant / landlord small claims case that named me as defendant when it should have been against my employer, the dba apt and corp owners. I informed pro temp judge but he did not fix the record. Judgment for plaintiff against me. My employer appealled (I was no longer the apt mgr) and I did not attend appeal. Appeal lost.

On a subsequent filing of a vacate of judgment, the Superior court judge dismissed and wanted me to file a motion (with a lawyer) to vacate the appeal first. FINDING a lawyer has been impossible.
The judgment should be against the owner of the business, not the employee! In my opinion, the plaintiff failed to name the true defendant, the pro temp judge failed to correct the naming of the true defendant, and the owners have stonewalled paying the judgment because they were not served. The owners should be sued for failing to indemnify this employee.

I seek a pro bono lawyer or school of law. I also seek examples of pleadings of appeals of small claims court judgments&appeals. Thank you.

Asked on 10/21/05, 4:26 pm

Steven Murray Steven W. Murray, APC

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Re: Motion to vacate appeal in small claims court

All you need to do is sue the employer in small claims for indemnity - to make it pay the judgment. Sue under Labor Code Sec. 2802.

Answered on 10/21/05, 4:52 pm

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