Legal Question in Civil Rights Law in California
if you are a defendant and you loss your first case, even though the amount was for something that was not mentioned in the original case. can you counter sue the plantiff during an appeal in small claims court.
Asked on 10/25/11, 7:24 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
No. You would have had to have brought your counterclaim in the original case. You still can file your own small claims suit if the outcome is not dependant on the case that's about to be decided on appeal.
Answered on 10/25/11, 11:06 pm
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