Legal Question in Civil Litigation in California

Re: Can i sue in small claims after

You get one chance to sue somebody, not two. You're not allowed to just start a second case in a different kind of court if you aren't happy about how the first case is going.

If your original case was still open you could not start a second one based on the same claim in any court, including small claims. And if your original case was dismissed you are out of luck unless and until you can get relief from the dismissal and any judgment that may have followed.

Re: Can i sue in small claims after

I am not sure what this "paper" was that you filed with the court. If you failed to appear at trial, and you were a self-represented plaintiff, then the court should have dismissed the case pursuant to Code of Civil Procedure section 581 subd. (b)(3). This kind of a dismissal is without prejudice, which would allow you to refile, provided that the statute of limitations had not run.

If the first action is pending, then any action you filed in small claims court would be duplicative, and should have been dismissed.

If the judge dismissed your Superior Court case because you did not appear at trial, and he dismissed it with prejudice, then you have reversible error, and the next question is when does your time to appeal run.

If you dismissed your own case with prejudice, with this mysterious paper you filed, then you screwed up. If this is the case, then this will illustrate why a man who represents himself has a fool for a lawyer and a client.

I'm a lawyer and I don't even represent myself in my own lawsuits. I am just too personally upset to be able to do an efficient job of representation and legal analysis. If I don't represent myself, what made you think you could?

Very truly yours,