Legal Question in Construction Law in California

Re: Possible error in judgement in small claim court

A losing small-claims plaintiff has no right to appeal; see Code of Civil Procedure section 116.710.

There is some case law suggesting a possible right of review by petition for a writ of mandate to the Court of Appeal; however, the petition would have to address "issues of statewide importance" in the process or standards of the small-claims courts, and not just an unfavorable outcome in one case.

It's impossible to say exactly why you lost this case, not having seen your complaint nor being privy to the evidence and testimony at the hearing. I can, however, give you some general information on how it is possible to lose even though the defendant fails to show up. First, you may have asked for relief that a small claims court lacks jurisdiction to grant. In general, its jurisdiction is limited to awards of money damages or certain limited equitable remedies. It could not, for example, order a contractor to finish a job in a certain way. Also, wholly aside from jurisdictional issues, the small claims judge, like the judge of any court, cannot give a plaintiff relief unless the plaintiff establishes by admissible evidence that he is entitled to the relief requested. If the defendant has filed an answer raising defenses to your claims, you must still overcome the defenses.

Perhaps the failure of the defendant to appear was because he knew that the court lacked jurisdiction to grant the requested relief, or that his answer showed a defense to your claims that could not be overcome.

Re: Possible error in judgement in small claim court

As a plaintiff who lost in small claims court you generally have no right to appeal the outcome (CCP 116.770) other than to possibly file a petition for mandate. The petition for mandate would have to be based on an abuse of discretion by the small claims judge.

Because you chose the forum of small claims as a plaintiff you have left yourself with no real option. The petition for mandate would most likely be unfavorable and only cost you money so I suggest that you simply move on.

Without reviewing the entire transcript I am unable to tell you why you lost. Generally there are two parts to a case. The first part is proving liability and the next is proving damages. Perhaps you showed that he was an unlicensed contractor who did faulty work but failed to prove up the amount of money that it would cost to correct it or that you were damaged. I would guess that is probably what happened.

Good luck and chalk it up as a hard lesson learned. Hire qualified licensed contractors who you thoroughly check out to do the work next time.