Legal Question in Civil Litigation in California
Small Claims Appeals
An accountant sued me for not paying his highly inflated bill. I went to small claims court and the judge would not accept my evidence because I didn't have a claim against the other side. Can I get the decision overturned in municipal court and countersue them as well?
2 Answers from Attorneys
Re: Small Claims Appeals
You can file an appeal the small claims court decision. You will then get a trial de novo in superior court, before a judge. This is a new trial and the parties can be represented by an attorney. As it is a new trial you are not limited by the decisions of the small claims court judge. You should contact an attorney immediately to advise you of your rights.
Re: Small Claims Appeals
You have only 30 days from the date of the small claims judgment to file an appeal. You can also file a suit against the accountant at that time. The trial in superior court will be "de novo" meaning a new trial. If you think that his bill is "highly inflated" get a bid from a couple of other similarly qualified accountants to do the same work.
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