Legal Question in Business Law in California

Help

1 have 2 qestion, first on I lose in small clain court and the plantiff and i cant appeal the dession, can i talk it to a differant court.?

#2 i am being sued in samll claim court for not pain a contrator for the work he did, beacuse the work to not fix his problem that he cause the first time. I want to sue him for the cost if the repair that total 16k dollars he asking for 1800.00 for repair work that did not work. so can i counter sue him in small claim and the regular cout please advise.

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Asked on 10/11/01, 8:55 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Help

1. The plaintiff cannot appeal a small claims decision, but the defendant can.

2. If you have a counter claim for more than $5000, you need to remove the suit to a higher court. Otherwise, you are limited to $5000 in small claims.

Your question is vague and garbled, and I would need more details in order to provide a more difinitive answer.

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Answered on 11/22/01, 1:29 am
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Help

You cannot bring an $18,000.00 claim as a cross-complaint or a complaint or at all in small claims court. You can, however, bring it in the Superior Court as a limited jurisdiction matter, and bring that to the small claim courts attention and advise the court that this would have had to be brought as a compulsory cross complaint in the small claims matter, which it could not have been. The judge will dismiss the small claims matter. Just make sure that your Superior Court matter has in fact been filed and you can havethe defendant served in the hall of the small claims court, not the courtroom,

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Answered on 11/22/01, 1:59 am


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