Legal Question in Civil Litigation in California
Under what conditions can Plaint.appeal or move to vacate Sm Claims case?
I, Plaintiff in Sm. Claims case, sued neighbor for 3 yrs. of harrassment, ppty. damage, tresspassing, etc. When I appeared and found out it was a Commissioner, not a Judge, I asked, separately, both Bailiff and Court Clerk, if I could be heard before a Judge (I'm in L.A., Ca.), not a Commissioner. I was told only Comm. is in Court, no more Judges are used, and only if I wished to file something like "prejudiced" could a request be made. The defendant (a sick bast...)virtually admitted all my charges, I had photos for proof, accurate and fair estimates, etc. (tree limbs cut on our side of ppty. line so tree is now destroyed-only 1 limb left), hood dented, etc., etc. No $ was awarded!! Doesn't even say I won!! Do I have any recourse? Civil Code 116.240 (Sm. Cl.) says "w/consent of both parties, court may order case to be heard by temporary judge who is member of bar..." I didn't get this option, I was told I had no choice. What can I do? Everyone is shocked that no $ was owed as it seemed so "cut & dry". Thank you.
1 Answer from Attorneys
Small Claims Disaster
A commissioner is a "temporary judge." A Comm. is a member of the Bar who is appointedby the Presiding Judge to act as a sitting judge. Are you sure that you did not sign a stipulationallowing your case to be heard by a commissioner???
As for your claim, there is a statute of limitation of one year for most civil actionsthis might be your downfall.. I would suggest that you hire an attorney and sue the neighbor in MunicipalCourt (Max $25,000.00). It is unclear how much your damages are, however, since thisis an ongoing issue there are causes of action which could directly address the problem.
If you need further information, please feel free to contact me. Maybe we can work csomething out============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================
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