Legal Question in Consumer Law in California

Small Claims Appeal to Superior Court

The photographer, plaintiff to the original Small Claims Court case, sued us, the wedding couple (defendant), for $610.We refuse to pay for his service because of the quality of the photos. We countersued for $5000 on basis of non-performance, emotional distress, and for breach of verbal agreement. The judge's decision was for both sides to pay- we have to pay him $610, but he has to pay a greater amount-$1500. He refused to pay and filed an appeal and now brought the case to superior court. We have to show up in court again on 6/11/03. We didn't appeal the small claims cout decision because we are okay with it, that he has to pay us the difference of $890. This photographer kept on calling us and insisting that we tell him whether there's any value to those photos at all, and if there is, then we need to pay the full amount! Anyway, please advice on how we can pursue this at the superior court appearance....

Maybe we should get a representative?


Asked on 6/02/03, 1:27 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Small Claims Appeal to Superior Court

the best advice i can give you under the facts given is to present the same arguments you did in your initial small claims court case that alloted you the "victory" of sorts. also, you definitely do not want to make any admissions to the photographer who is calling you before your superior court date. ask him to cease and desist calling you from here on out. as far as attorney representation goes, it could not hurt, however, the attorney fees could end up "swallowing up" any awards you may be entitled to after the appeal. however, an attorney may be able to assist your presentation without actually showing up to court with you to keep these costs down and help try to ensure your small claims court award is preserved against this photographer. if you would like further legal assistance in this matter, feel free to email me directly.

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Answered on 6/02/03, 2:49 am


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