Legal Question in Construction Law in California

Bad floor installation

A flooring contractor did not respond to demand letter within deadline, filed small claims and mechanic's lein. We filed a cross claim. Since he failed to respond even after a month, I got the floor replaced. Just 4 days before the trial, a flooring inspector called asking to inspect the floor for the contractor. However, the floor had been replaced. At the trial the judge only asked the contractor about his claim and seems to have overlooked my cross claim. I gave him a tab binder with my trial brief, photos of the floor, flooring inspector's report, receipts of the wood purchased and estimates, but was never asked my story. The judge asked me why I destroyed the evidence by replacing a new floor and did not let the inspector see the floor. The paid for the wood and I am under no obligation to the contractor after the deadline given to him I had to replace the floor in order to return to normalcy. The judge did not listen to any of this, may have been biased and the judgement maybe against me. Also, the contractor's spouse did most of the talking. I have never seen her before and she was never at my house during installation

Is there something I can do before a judgement is passed?

Thanks.


Asked on 12/17/04, 8:03 pm

2 Answers from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Bad floor installation

I assume the judge took it under submission and you're presently waiting for the judgment. If the judgment comes back against you, you can always appeal. The appeal will be "de novo" which means that you do the mini trial all over again with nothing from the first trial affecting the second trial. The appeal will be held in the "appellate department" of the superior court in your county.

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Answered on 12/17/04, 8:15 pm
Michael Olden Law Offices of Michael A. Olden

Re: Bad floor installation

From your question it appears that you are waiting for the judge to make a decision. The one good thing is that if the judgment is rendered against you go right to appeal the judgment to the Superior Court appellate department. I would immediately seek the aid of an attorney who is experienced in real estate law/litigation. I assume that both the cross-complaint in his complainer under $5,000 in this will be costly given the overall amount in dispute. I highly suggest you do not do this yourself as it appears that you were not very successful in your first attempt and that may be a precursor to your second attempt. Its variants is the key in this situation in presentation of the situation which you do not have. I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 12/18/04, 11:24 am


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