Legal Question in Appeals and Writs in California
Small Claims Ques.
I sued someone in a small claims court case. The second party files a countersuit agaisnt me for the same amount I sued them for based on no apperent reason. I have every possible shred of evidence (photos, estimates, receipts, etc.) The defendent had no reasonable evidence against me. The defendent even admited to the judge owning me money but not what I was suing for. The ruling was that neither one of us owed any money to each other. I found out later that the defendent lied on the form SC-120 and the person, also her friend, who served me with the counter suit on the form SC-104. Is there some chance that I can appeal when there is clear evidence that I wasn't judged according to the law? Is there also a way that I can sue for fragulent and incomplete paperwork submited to the court when the paperwork says ''under penalty of perjury under the laws of the state of california that the foregoing is true and correct''? Is there a way I can get a new trial or any other action I can take against her?
Thank you
3 Answers from Attorneys
Re: Small Claims Ques.
On your claim, you have no recourse. Code of Civil Procedure section 116.710(a) states: "A plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff's claim . . ."
On the verdict against you on the counter claim, you do have a right of appeal. Code of Civil Procedure section 116.710(b) states: "The defendant with respect to the plaintiff's claim, and a plaintiff with respect to a claim of the defendant, may appeal the judgment to the superior court . . ."
WARNING: The right of appeal expires 30 days after the original judgment was rendered. If you have waited longer than 30 days, you have no recourse. If you are within the 30 days, you go to the Small Claims clerk and ask for the form to file the appeal.
At the appeal, all parties have the right to be represented by an attorney of their choice. If you need further advice, you should seek out a civil litigator familiar with trial work.
Good luck.
Re: Small Claims Ques.
Yes, but we would need more facts from you to give the proper causes of action to seek remedies herein. You may contact us directly for a free consultation.
Re: Small Claims Ques.
I respectfully disagree with attorney Torrey. In my opinion, you are out of luck.
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