Legal Question in Civil Litigation in California

Bogus Small Claims Dilemma

My fiance was involved in a MVA in May 0f 2000.The other party did not exchange info, but my fiance had a camera and took many pictures of the scene.Both parties insurance companies where invited to arbitration and other parties did not show.Our company won the money for the car accident and the other parties insurance did pay up. 364 days later the other party filed in small claims court for 1000 for car damage. My fiance is now residing on the island of Saint Marteen attending year round medical school. I was told by 2 court advisors I could represent him if he provided me with documents saying it was ok with him. I attempted to represent him on 6/18/02 in a Van Nuys court and the Commisioner refused to allow me. This is ridiculous. We are 100% not at fault and will end up paying over 3000 to defend a 1000 case. I was wondering if he my ''fiance'' the defendant just should not show for the next hearing. The guy has no proof. If he shows a police report he will lose, if the judge asks about insurance companies he is also dead since his own and my company denied him any money.What are the options to end this without two poor students going broke. ''Paying him off is not an option''. Thankyou


Asked on 6/19/02, 3:16 pm

2 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Bogus Small Claims Dilemma

Your fiance should show. Did you get a Power of Attorney for him? I am curious what exactly you had when you went into court and what the commissioner said. In any event unless you want a default judgment entered against your fiance, you all need to deal with this matter.

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Answered on 6/19/02, 6:35 pm
Larry Rothman Larry Rothman & Associates

Re: Bogus Small Claims Dilemma

Rather than having to appear, your fiance could send to the Court a declaration under penalty of perjury explaining why she cannot make it to court,state the facts, and present the arbitration award and police report to the Court by certified mail.

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Answered on 6/20/02, 9:37 am


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