Legal Question in Business Law in California

Small claims Judgment

My corporation recently had a small claims judgment made against it. Our company director who represented us said the judge explicitly stated that no past legal fees would be awarded to either party. Yet the amount awarded against us, based upon the other party�s cost claim breakdown presented in court, includes at least $1,300 worth of delineated past legal fees regarding our case. Can I request a breakdown of how the judge came-up with the amount before paying the judgment? Can I also write a complaint about the judge and her postponing of our case 3 times (because she didn�t want to hear our case � it was in regards to technical issues she wanted no part of learning)?

Lastly, would you recommend an appeal � the award is for $4,500. I know the case goes to Superior Court and is heard by a new judge. But is there a limit on the amount awarded? More specifically, is there a limit on the amount of legal fees we could be liable for in Superior Court should we not win?

Thanks


Asked on 2/12/04, 3:12 pm

3 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: Small claims Judgment

I would appeal.

Is it a one figure judgment, or is the amount added with costs after judgement? You can request a reconsideration or a Motion to Correct Judgment but you may be better off with an appeal

Joel Selik

800-894-2889

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Answered on 2/12/04, 4:50 pm
Andrew Marton Millard, Holweger, Child & Marton

Re: Small claims Judgment

I need a little more information to answer your questions. A court order can be corrected if it contains a clerical error. We would have to review the court file and order a copy of the transcript of the hearing if it was recorded to determine your recourse. Please note that your right to appeal the small claims judgment is time sensitive and you can waive that right if your request is not filed in a timely fashion. As for complaints regarding the judge, you can write to the presiding judge, however, continuances are not uncommon and the delay mentioned by you does not appear to be a factor in the court's ruling. Please email me if you wish to retain our services. Also, please note that this reply does not create an attorney / client relationship and there will be no further follow-up with you unless we are contacted by you. Andrew Marton

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Answered on 2/12/04, 4:56 pm
Timothy J. Walton Internet Attorney

Re: Small claims Judgment

It would be impossible to answer this without seeing the papers involved. I question whether you can do an appeal for $1300, and note the possibility that the new judge could decide that you are obligated to pay attorneys' fees on appeal, thus increasing the judgment. Nevertheless, it might be that your appeal could have merit. If you are in Northern California and would like me to look over the papers, I can be reached at (650) 842-8481.

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Answered on 2/12/04, 6:11 pm


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