Legal Question in Personal Injury in California

I recently filed a small claims law suit, went to court to plead my case and three days later received the judgment in the mail. Although I won the case the $1000 I was awarded wads like a slap in the face. I had an iron clad case against a woman who locked me out, damaged my furniture when she moved it three times, harassed me to no end, assaulted me, invaded my privacy and withheld my security deposit for 45 days. I not only had the evidence that this woman did these things but she admitted doing these things in court to the Judge. The judge asked her why she did these things and she straight lied to him telling him that I never paid her any money to move in when there was a copy of my rent check that she had cashed. She also said that I had moved into the house without her permission or consent. Please, if you were to see her and then see me you would know there is no way. Plus the five people that helped me move that day saw her unlock the garage door and heard her tell us to put everything�s into the garage. My question is why would I only get $1000 for having been victimized by this crazy lady? And also what are my options at this point to try and get some justice here?


Asked on 3/07/10, 1:13 am

2 Answers from Attorneys
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

You are entitled to damages that you can prove by a preponderance of the evidence( more probable than not).The only figure that you provided was the figure that you were awarded so it is difficult to assess your case and I am not going to speculate on the reasoning for the judges decision.You have no options as a plaintiff in small claims .You are stuck with the decision.However if the defendant appeals you will get to tell your story again to another judge.

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Answered on 3/12/10, 7:02 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Nelson. The plaintiff cannot appeal a small claims judgment. That's part of the trade-off involved when you chose small claims rather than superior court. But if the defendant appeals you will get what's called a trial de novo. It will be as if the first trial never happened, and you may be able to do better the second time around.

Good luck.

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Answered on 3/12/10, 10:04 pm


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