Legal Question in Civil Litigation in California
Civil Judgement and Small Claims Complaint
Rather involved - but basically, if a defendant is presumed to be right and the plaintiff wrong, and if the plaintiff obtains a California Superior Court - Civil judgement due to default (no timely response) and the defendant pays the judgement, assuming the defendant is right, can the defendant file a small climas action latter. Wold be for willfull conversion of property. Unable to afford to defend action in civil court. Does payment imply they are right therefore no conversion?/
2 Answers from Attorneys
Re: Civil Judgement and Small Claims Complaint
It depends on what the plaintiff claimed in the lawsuit. If the court, by entering a judgment, determined property rights, then that is considered a decision on that issue. If it's merely breach of a contract to pay money, then the court decided the defendant breached the contract. The complaint would need further analysis to give you a more intelligent response.
Re: Civil Judgement and Small Claims Complaint
A default judgment has the same legal effect is if a jury had decided the case. The court doesn't "presume" anything. The plaintiff bears the burden of proof, but allowing the matter to go to default is legally the equivalent of admitting the allegations of the complaint.
If you have a defense to the lawsuit, you must either file a motion to set aside the default or a declaratory relief action in Superior Court to challenge the judgment. A small claims lawsuit won't help you.
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