Legal Question in Civil Litigation in California
I found that my small claim for attorney's fees (under $5000, limited civil case) was heard and ruled in the wrong place 2.5 years ago according to the guideline posted at LA superior court.
Is there any remedy that I can seek to correct this error even after ruling was made 2.5 years ago?
I feel that the malpratice was heard by a judge who is a friend of my former attorney (70 year old) who took my money and disappeared. I don't have his physical address as I have never met him in his office as the office has never exhisted at the time and after the time. I only have P.O. Box address to which sheriffs could not serve the documents in person in the past.
I think my case should have been filed and heard at Chatsworth courthose but it was filed and heard at San Fernando Courthouse when the signing occurred at 91340.
Any advice for me?
3 Answers from Attorneys
The allegation of improper venue was waived when you consented to the court hearing the case. There's nothing left to do. In small claims court, the losing plaintiff has no right to appeal.
YES, lots of help.
91340 is the zip for San Fenando. So San Fernando was the right court.
First, you gave $5000 to a man and never went to his office?
Secondly, since you filed, you cannot complain about the wrong venue, YOU PICKED THE WRONG COURT. And you filled out a form showing why you thought San Fernando was the right courthouse. So whose fault is it?
How do you know the judge was friends with the other lawyer? When did you find out? Were you given a chance to change judges, but declined?
Best advice-FIRST: don't think of things having happened to you, the case was not "filed in San Fernando" YOU FILED IT in San Fernando. No one made you.
The signing did not occur in San Fernando, YOU SIGNED THE DOCUMENTS there. This will change your view of what happened, if you can see what YOU DID.
IT was heard in San Fernando because YOU FILED IT THERE. telling the court that was the correct venue. You signed so under penalty of perjury.
Did you ask San Fernando court to change the venue? If not, you are trying to get 2 bites at the apple, there is no Small Claims Appeal for plaintiffs. But since we do not know what the verdict was...AND what error are you trying to correct?
And the limit has been $7,500.00 you could have asked for $2,500 more.
Its on the pink form.
Why did the judge say you lost?
Your sole remedy at this point is to file a complaint with the State Bar, if you are alleging that this attorney took your money and did not do the work he or she was hired for.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
