Legal Question in Civil Litigation in California
Appealing a Small Claims Case
A ProTem Judge in Van Nuys found in favor of a handyman that was clearly in violation of leading us to believe that he was a licensed contractor. I must of reminded him of his mother-in-law or someone that he disliked as he wouldn't even look at my photos or other discovery. He even went as far as
asking me ''...What do you believe that a repair man with a license would do any different than what he did?'' I was so stunned at such a question that I answered with an example that lacked punch. I said something about recourse for repairs. My question is that I want to appeal this and sign and wait for the real deal. A judge. These guys to me are like security guards to policemen. Not that a judge would find in favor of me but I think this Pro Tem Judge/Atty was a patent/copyright background. And it was his first day at this. Am I off base on this idea to appeal or should I emphasize any one given thing to garner some attention in this matter?
3 Answers from Attorneys
Re: Appealing a Small Claims Case
The Plaintiff may not appeal a Small Claims decision.
Re: Appealing a Small Claims Case
As a plaintiff in Small Claims, you have no right of appeal. There are no exceptions.
If you wanted a judge to hear your case, you should have refused to stipulate to the pro tem. They cannot force you to stipulate (though often, it is strongly encouraged).
Re: Appealing a Small Claims Case
While in California a plaintiff cannot appeal a small claims court decision, I believe the plaintiff can request the smalls claims court to reconsider its decision based on an error as to applicable law. There is probably a very limited period (i.e. 30 days) in which to request reconsideration.
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