Legal Question in Appeals and Writs in California

Re: Small claims judgement appealed

A small claims appeal, unlike an appeal from other courts, is really a new trial. It will be as if the first trial never took place. You will have to prove your case and document your damages all over again.

You have not provided enough facts to say whether AAA is correct. Was it your insurer or the other driver's? Did you sign an agreement when you accepted its money? How much was your total loss?

Re: Small claims judgement appealed

The results of the prior trial are completely irrelevant. The judgment will make his ruling based on the evidence you present an the appeal hearing.

Whenever a client asks if they need an attorney, I like to use an analogy that we can all relate to: changing your own oil. Acting like your attorney is like trying to change your own oil. I took auto shop in high school and I can change my own oil. However, I can either spend half of my Saturday underneath my car or I can pay $20 to get someone else to do it and get a free car wash. Some people can and do represent themselves appropriately and others should leave the lawyering to the lawyers.

Small claims appeals are subject to the same informal rules, but some judges do have the witnesses take the stand. Other judges limit the role of the attorneys in this matter and do the questioning themselves.

I would at least consult an attorney to determine the cost of representation.

Re: Small claims judgement appealed

The problem in your case that was addressed by Mr. Hoffman. Mr. Hoffman is asking whether or not the small claims court judge erred by granting you a judgment against someone if you had already settled. In other words, your lawsuit against the driver may have been barred by the doctrine of accord and satisfaction, and your judgment is simply a double recovery.

The big issue in your case is whether you settled with AAA when you received the 2700.00

Very truly yours,