Legal Question in Civil Litigation in California
California Small Claims - Post Judgment
I prevailed in a $7500 small claims action. The defendant filed an appeal and I also prevailed in the appeal.
My actual damages are valued at $50k, however, I filed the small claims action for the primary purpose of locating the defendant whom I have been seeking for more than three years.
After I prevailed in the original action, and before the Appeal hearing, the defendant filed a claim with his insurance company.
I would like to be able to pursue my actual damages with the insurance company.
What steps can I take to accomplish this?
3 Answers from Attorneys
Re: California Small Claims - Post Judgment
You probably cannot. It is possible that you could vacate the judgment and dimiss the case without prejudice (if you are not beyond the time limitations); but this is just a guess, it would need to be thouroughly researched before you did anything. You may be just limited to your $7,500.00.
Re: California Small Claims - Post Judgment
You have waived your right to recover damages in excess of the jurisdiction of the Small Claims court.
Re: California Small Claims - Post Judgment
Assuming that your damages all stem from the same incident that led to your lawsuit, you can no longer pursue the rest of your claim. Suing in small claims court waived any portion of the claim in excess of $7,500.
The defendant's insurance policy covers his liability, not the damages suffered by others. Since you seem to have waived the rest of his liability, he cannot be forced to pay it and neither can his insurer.
I'm sorry I can't be more encouraging. This is why it's a good idea to ask your legal questions before you act rather than finding out too late that you have made a major mistake.
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