Expert Advice When You Need It Most

Won in small claims but defendant is appealing--can I ask for travel, lost wages, other compensation?

Asked over 2 years ago - San Francisco, CA

I won a small claims case against a former landlord, but the defendant is appealing and it's now going to Superior Court. I was wondering how much, if anything, can I ask for:

- Travel expenses? (DC to San Francisco; flight will cost $300, can I ask for the full amount?)

- Lost wages? Can I ask for just what I'm losing to attend the Superior Court appeal or also wages lost during the three times I had to appear in small claims because defendant refused to stipulate to a pro tem?

- Can I ask for damages due to bad faith? I believe he's appealing because he knows I have to fly across country.

I was thinking of getting a lawyer but only if I can recover all legal fees if I win--is that possible? Our lease says loser of a dispute must pay, but I heard court sets very low limits.

Flag

Save

Share with:

Attorney answers (2)

Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

Flag

I was impressed that you were thinking of getting a lawyer and that you should do. To go against the other side on this without counsel is not the best approach.

Mark as good answer

Add comment

Timothy A. Provis

Reputation Level 12

Answered over 2 years ago. Appeals Lawyer in Port Washington, WI.

Flag

Dear ?,
Travel expenses? No. Lost wages? No. Bad Faith damages? No. Legal fees? If your lease says so, then yes, but only to the extent of that agreement. If you want to fight this and win you need a trial counsel. The proceeding in superior court is a trial de novo, which means you are starting all over again and none of the decisions of the small claims court are binding on the superior court.
Yours sincerely,
Tim Provis
Cal. Bar. No. 104800
Wis. Bar No. 1020123

Mark as good answer

Add comment