Legal Question in Civil Litigation in California

judgement rendered in appeal higher than original lawsuit

I was recently ruled against in small claims court. The original judgement was $561.00. When appealed, however, the judge increased the judgement to 1330.00. The kicker is this. The initial suit against me was from the plaintiff in the amount of $936.00. Why would the judge render a judgement higher than the amount that the plaintiff sued for. This is ridiculous. Do I have any recourse???

Please help

L.B


Asked on 12/11/03, 2:10 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: judgement rendered in appeal higher than original lawsuit

When you appeal a small claims court, the result is a trial denovo. That is it is a new trial and and the court is free to give any judgement that it feels is appropriate, and is within the jurisdictional maximum award.

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Answered on 12/11/03, 2:23 am
Alvin Tenner Law Office of Alvin G. Tenner

Re: judgement rendered in appeal higher than original lawsuit

No. The judge can award what he feels is just up to $5000.00. There may have been additonal costs. However it appears that the judge may have made a mistake. Call the clerk and ask if the amount is correct.

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Answered on 12/11/03, 12:49 pm


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