Legal Question in Civil Litigation in California

My question concerns Small Claims Appeals. I am the plaintiff. I am going to court soon for the 2nd time for Appeal trial. The defendant did not show for the first appeal hearing of which he requested. This will be my 5 time going to court over the same case. 4 of the 5 court dates have been intiatated by the defendant although he has only appeared once prepared.

The court held a small meeting to determine whether they would grant his request for a second appeal date since he missed the first one. It was granted.

If he does not show for this upcoming trial. Is there any way I can still have my side of the case heard?


Asked on 6/07/10, 10:03 pm

4 Answers from Attorneys

Mark Storm Law Office of Mark Storm 916-739-8552

It's up to the judge. You have to pipe up, kindly let the judge know you think enough is enough, and ask to be heard even if the defendant fails to appear to fails to be prepared.

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Answered on 6/08/10, 1:20 am

Courts strongly favor giving parties their day in court. Mr. Storm is right on this one though. All you can do is point out to the court the history of the case, clearly, in detail, but without emotion or complaining, and then ask that the appeal be dismissed and a final judgment entered in your favor.

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Answered on 6/08/10, 9:16 am
Mark Storm Law Office of Mark Storm 916-739-8552

I don't know that the court can dismiss the appeal. I think it has to go through with the trial de novo, hear the case, and render its own judgment. You should also argue to the judge that the appellant's stall tactics are evidence of bad faith appeal, which has a monetary penalty attached to it, as I recall.

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Answered on 6/08/10, 11:24 am
Mark Storm Law Office of Mark Storm 916-739-8552

Here it is...

If the judge finds you filed your appeal in bad faith the court may award up to $1,000 in attorney fees and also $1,000 for travel costs, loss of earnings and lodging.

Filing an appeal in bad faith means that:

(1) you filed your appeal without strong support for your position,

(2) you intended to harass or delay the other party, and/or

(3) you filed your appeal to encourage the other party to abandon the case.

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Answered on 6/08/10, 12:19 pm


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