Legal Question in Appeals and Writs in California
Plaintiff Options after loosing Appeal Small Claims Court
Thank you for your response. My case was for breach of contract. Damages were $21,000. I sued at small claims for the maximum allowed so as to not to hire an attorney. The first trial judge came to the same figure and awarded me the maximum. In the appeal, I failed or wasn't given the chance tprove my damages. I really thought that we will come back to that part later. The case ended half way w/o me proving my damages. The main defendant didn't even respond before the judge ended the case. What it really upsets me is that I knew all along that the burden of proof is on the plaintiff. The diference here is at trial, I introduced my damages right from the start. On the appeal, I thought that we will come back to that part later when I show the documents to prove my case. In the first trial, I was submitting my documents while presenting the case because the judge requested them. On the Appeals, the judge didn't, so I thought I will have the chance later after both defendants responded. The facts were very clear and seems like the judge already knew it. He asked me to respond to defendants claim but what I think he meant was to prove my damages. I had my documents in front of me to prove it but was ended. What are my options?
2 Answers from Attorneys
Re: Plaintiff Options after loosing Appeal Small Claims Court
Ouch!!! First mistake not hiring an attorney. Fees would not have been greater than the $13K you waived by going to Small Claims Court. Perhaps you have grounds for Appeal. Call me directly at 16192223504.
Re: Plaintiff Options after loosing Appeal Small Claims Court
Unless there is a lot more to the story, you seem to have no options. Plaintiffs cannot appeal from adverse small claims rulings, whether at the initial trial or at the trial de novo on appeal. Even if you could appeal you would probably lose; cases are reversed on appeal only if the judge made a significant error and not because of the plaintiff's own mistake.
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