Legal Question in Civil Litigation in California
I sued in Small Claims for $7500 and the defendant counter sued for $7500. Entry of Judgment was neither party owes either any money. I attempted to provide facts of the oral agreement with history of 1-1/2 years of payment from client (defendant) for my services, but commissioner was very short and did not want to see based her ruling that we should have had a written agreement. She also stated in recorded court that we have less than 10 minutes before close of court (we wee at the table at 4:50PM). The commissioner ruled based on time of closure of court. The commissioner was not fair and impartial and should hear the issue and facts, but did not and when I wanted to present my evidence, she cut me off.
What would I challenge or what would be an incorrect or erroneous legal basis to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis when filing 116.725 (a)? If granted, would my case be heard again, and where would it be heard? The Small Claims Commissioner ruled neither the Plaintiff (I) or the Defendant do not owe any money to each other, but my claim was to enforce an Oral Agreement where plaintiff did not pay for services rendered?
I can appeal the Entry of Judgment of the Counter Claim, because I am the Defendant and the other party can as well, because they are the defendant, but neither of us was awarded money. I have 30 days to file an appeal, would I do this after the 116.725 (a) Motion, the same time to preserve my 30 days or only if I loose the 116.725 (a) Motion?
116.725. (a) A motion to correct a clerical error in a judgment or
to set aside and vacate a judgment on the ground of an incorrect or
erroneous legal basis for the decision may be made as follows:
(1) By the court on its own motion at any time.
(2) By a party within 30 days after the clerk mails notice of
entry of judgment to the parties.
(b) Each party may file only one motion to correct a clerical
error or to set aside and vacate the judgment on the ground of an
incorrect or erroneous legal basis for the decision.
3 Answers from Attorneys
I read your question the last time you posted it. I was outraged that the court cut you short because it was 4:50 PM. I would file your motion and send a copy to the presiding judge in your county. I would also write to the Commission on Judicial Performance.
You can't appeal the claim you were the plaintiff on. As I told you in response to your earlier question, your remedy is to file a motion to vacate the judgment for an error in law, i.e., that you can only recover if you have a written contract. As for appealing the claim on which you were the defendant, why in heaven's name would you want to do that? You won. Why have that claim reheard? That's crazy.
I told you earlier you couldn't appeal. Mr. McCormick pointed out that you could file a motion. I told you to contact the small claims advisor's office. You still can't appeal. The law was not amended since you last posted.
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