Legal Question in Civil Litigation in California
The defendant was represented by a law firm
A law clerk from a law firm represented theDefendent, a corporation, a mortgage company.The corporation was served properly. The Defendent claim to have no representives in the area so they obtained the services of a law firm.The law clerk who appeared in court made no verbal testimony. She said she knew she could not do so because of the rules of court. But the judge accepted papers from her about three-quarters inch thick. I do not know who wrote the material. The judge (commissoner assistant acting as a judge) kept the material. Isn't this a violation of the rules of court? I thought no lawyers could appear in small claims court? Isn't this an unfair dvantage?
The judge said I won by default judgment and then ask for my testimony. I sued for $5,000 and the judge awarded me $1,000. Oh, I know you think I'm just mad but we had already settled on $4,000. .
I'm just asking questions to be sure the judge followed the rules of court. Of course I'm sick over the judgement. You would be too. But what if that judgement was done unfairly and not according to the rules? What does it mean when you win by default? Does it mean you get the amount you sued for or the amount the judge thinks you should get?
1 Answer from Attorneys
Re: The defendant was represented by a law firm
You cannot have a lawyer represent you but you can have a lawyer help prepare the case and paperwork for you. in your case you won on liability by default because the judge did not allow the law clerk to represent the defendant so the court rules were followed. You do not get what you ask for in a default, you only get what the court thinks you proved.
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