Legal Question in Business Law in California

I lost my case and now I have judgment $15K for Breach of Contract and $15K for legal fees.

However, at the trial the worker who rented the machine disappeared an so I had no witness to substantiate that the machine did not drill the holes as said by Usave.

Now, I have found the worker and he is willing to go to court and give new facts as to the rental and use of the equipment. What should I do. If I appeal I cannot present new facts. Do I file a motion for reconsideration and how do I vacate the judgment until the new facts have been presented to the judge. Please advice as to the best recourse. Thanks


Asked on 8/24/11, 4:09 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

What worker? What machine? The case is over, and you lost. If it was less than 15 days ago you could possibly still file a motion for a new trial based on newly discovered evidence. Discuss this with the attorney who handled your case.

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Answered on 8/24/11, 4:12 pm
Terry A. Nelson Nelson & Lawless

Telling your case facts now is of no help or relevance. If the judgement was entered less than 10-15 days ago, you could file various motions for reconsideration, new trial, or other relief. If less than 60 days ago, you could file an appeal if you have valid grounds to do so. After those dates, the case is over and the judgment is final.

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Answered on 8/24/11, 4:57 pm

If you didn't subpoena the worker, you don't have a leg to stand on. If you did subpoena the worker and he did not show up for trial, you should have requested a continuance and enforcement of the subpoena. No matter what you did or didn't do, you need to hire a lawyer YESTERDAY to see if there is anything you can still do, instead of looking for free advice on the internet. As Mr. Stone has often said, "If you can't afford a lawyer, you must be able to afford to lose the case."

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Answered on 8/24/11, 11:29 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Amen, brothers! One of the things a lawyer can do for you at trial is make sure the witnesses are present to testify, and if not, their depositions can be offered as a substitute. If the lawyer screws up, you can sue for malpractice. You can't sue yourself!

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Answered on 9/20/11, 6:53 pm


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