Legal Question in Civil Litigation in California
A family member filed a small claims appeal and lost against a jeweler that stole some larger stones from her and replaced them with much smaller stones. I'd like to file a new claim against the store itself since I was the one that went into the store and talked to the owner about commisioning him to have the work done.
Would I be able to file a new claim as plaintiff and the jewelry store as defendent? The defendents in the original case perjured repeatedly and the judge even upheld the appeal submitted when asked to review their testimony. Could I get a copy of that transcript and use that as evidence in a new case?
3 Answers from Attorneys
You cannot bring an action yourself because you have suffered no loss. You were the mere agent of the person who suffered the alleged loss, and they have been conclusively adjudicated not to have suffered any loss.
I agree with Mr. McCormick. You are simply trying to circumvent the doctrine of res judicata, but the case has already been decided.
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