Legal Question in Civil Litigation in California

Re: Pro Tem Judge Errors in Decision

Write to your assemblyman. You should have filed in Municipal court. If there was a failure of proof then you probably failed to authenticate and lay a proper foundation for the records you introduced to overcome the hearsay rule. I have sat as a judge and it is a common mistake when people try to be lawyers. The same evidence rules apply in Small Claims as in any other court.

Re: Pro Tem Judge Errors in Decision

I don't believe writing to anyone is going to be of much help. However, with that said I'd write to the chief judge of that court and ask that the matter be heard again by a more qualified judge. This is asking the senior judge to use his/her general powers or authority to run the court to administer justice. Once the other party admitted to an over payment. The only issue then to be decided was 'how much.' The other party didn't object to the exhibits, and rules of evidence are far more liberal in small claims court than a court of record. I suspect your exhibits, if they were subpoenaed, were fully acceptable to be admitted. And the type of formatting and other peculiarities of the documents should have sufficiently authenticated them. If you accomplish anything. It should be to have the pro tem judge removed from the list of sitting judges.