Legal Question in Civil Litigation in California

Won Slander case..............

I want to thank all of the attorneys who gave me both written and verbal advise as to my case. As i stated above i won my case (the defendant tried to challage venue to not showing up to court) the defendant didnt show up ( and yes i served her properly both by sheriff and private process server and she also responded to the judges denial of the venue change yes over KILL) However i am sure the defendant will eighter ''vacate judgement'' or appeal it (the judge after hearing my case told me that i had a solid case and told me he heard enought )If the defendant appeal or vacates and we go to court ( AGAIN) can i ask for MORE? my case was for $3000.00 if i can HOW ? What forms? This case was heard in Small claims limited $5000 and under. Again many thanks.


Asked on 12/29/03, 6:48 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Won Slander case..............

More than likely, the defendant will appeal. You can be represented by an attorney at the appeal to superior court. On appeal, C.C.P. � 116.780(c) provides for reasonable attorney's fees (not to exceed $150) and your actually and reasonably incurred loss of earnings and expenses of lodging in connection with the appeal. The appeal is a trial de novo, which means the earlier determination would be thrown out and you would have to present the case again, from scratch and can ask for the full $5,000 if justified. Mark your calendar for the last date to file an appeal. If the defendant doesn't do so, you win and can enforce the judgment.

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Answered on 12/29/03, 8:24 pm


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