Legal Question in Appeals and Writs in California
Respondant's Rights
1) What does the court mean when it says "This is not an appeal of the previous decision". "This will be a enterely new trial before a Superior Court Judge." ?
2) Can the Appellant submit evidence/documentation that wasn't presented at the original Small Calims trial?
3) What is the best way to inform the Judge that I beleive the Appellant is abusing the appeal system by using it to have their side of the story heard. The defendant showed up to the original trial requesting a continuance. The judge denied their request, they then stated that they didn't bring any of their documentation, expecting to be granted the continuance. They lost the case and are now appealing the decision.
1 Answer from Attorneys
Re: Respondant's Rights
Small claims appeals are actually new trials. The original judgment is disregarded and the Superior Court judge hears the case fresh. Either party may present evidence that was not presented in the earlier trial. As a matter of strategy, I would not raise the issue of the appellant abusing the system. Although the ruling in your favor is irrelevant legally, it still as a psychological impact. The new judge will be aware of it and will have a tendency to give it some credit in his own mind. You wouldn't want to lose this advantage by telling the court that the case actually was not heard fully in the lower court even if that was due to the fault of your adversary. Rather, leave the court with the impression that this case was already heard and they lost.
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