Legal Question in Civil Litigation in California

If they cross-complained for the $5,000 and it was not awrded them, then they can not appeal as they were acting as plaintiffs and losing plaintiffs can not appeal. If they did not claim those damages, then the question becomes if the basis for their suit is so closely related to your claim that is is a complusory counter claim, then they can not raise it as for sake of judicial and parties' economy, they should have cross-complained in your suit. If the facts involved are the same -- you never completed the work and what you did was unsatisfactory and cost them $5,000 to fix -- then it is a complusory counter-claim. A short letter from another attorney to their attorney might result in their dropping the suit [you also need to re-draw your contract as you must demand a down payment and additional payments as you complete certain parts of the work, or you will continue to be ripped off]. They will pay less attention to a letter from you.

You should be able to win the suit yourself if there is not much disagreement as to the basic facts. The problem you have is that if they insist on going forward, hiring an attorney to handle the matter is likely to cost you $3,000-$6,000, and unless there is a provision in your contract for attorney fees, you will not recover any of those fees. You could pay an attorney for 2-4 hours to prepare the case for you and you do the rest of it. I do think you need to speak to an attorney to see if they can sue, if they can win, and to change your contract.

If you want, I could handle the matter. As I am semi-retired working out of my own home without a staff, I can afford to charge only $100 per hour, substantially less than what other attorneys charge.

In any case, good luck.

I agree with Mr. Shers. If you believe that you are in the right and if there is no provision in your contract for attorney fees, you have little to lose by going to the appeal and stating your case just as you did in the lower court. I do not know what you prayed for in your small claims complaint, but if you asked for more than $500, I would go into the Superior Court asking for whatever you prayed for in the small claims court, arguing that you are entitled to the full benefit of your bargain (less the cost of the second coat), arguing that the defendants did not even give you an opportunity to complete your contract, thus you want to be paid per the contract.

It is best that you are represented by counsel, but it is not required.

If they brought a cross-claim for $5,000 in the small claims court and they lost in the small claims court, I would argue that they cannot appeal that decision per CCP section 116.710. The defendants can only appeal the decision wherein the court awarded you $500 on your claim. Thus, since they cannot appeal their own cross-claim, it is your claim for payment only that is being appealed, I assume. Thus, if you asked for $5,000 in your claim, then I would ask for $5,000 on the appeal. You can get more or less in the appeal. Whereas, unless you appeal the decision on the cross-claim, no one will be hearing their cross-claim on appeal.

If you need to be a licensed contractor to do what you did to the floors, make sure you bring your contractor's license to the trial.

If you need further clarification, please feel free to call me at (619)991-0548.