Legal Question in Civil Litigation in California
Small Claims Court Appeal
I won a judgment and the defendant appealed.
A friend told me that the most the defendant can get on the appeal if I should lose is $150. Is this correct? There is no cross-complaint involved.
The defendant has an attorney representing them on their appeal.
Am I exposed to paying their attorney fees if I lose?
Asked on 4/11/09, 7:40 pm
1 Answer from Attorneys
Adam Telanoff
Telanoff & Telanoff
Re: Small Claims Court Appeal
In an appeal from a small claims judgment, the prevailing party may be awarded their attorney's fees as costs. This is not automatic, and is uncommon for a defendant to be awarded attorney's fees as you have already proved once that you have a legitimate claim.
Keep in mind that you can now bring an attorney, and are more likely to get an award of attorney's fees if you win.
Answered on 4/13/09, 11:21 am
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