Archived
In a California small claims case, can a defendant which lost and did not appear in court trial, appeal the case?
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Answered on September 25, 2012
NO, No, No. A defaulted or non-appearing defendant CANNOT file an appeal. They MUST file a Motion To Vacate (Cal Code of Civil Procedure...
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Bad Faith determination by Small Claims Court
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Answered on September 25, 2012
The bad faith retention of security deposit law, Cal Civil Code Section 1950.5 states that you have 21 days to return the security deposit in full,...
Archived
In Small Claims Appeal, as plaintiff do I need to make duplicates of all evidence?
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Answered on September 14, 2012
If the court made you duplicate evidence, there is no real concern for the submission of the evidence on the appeal. As other have said, the...
Archived
Can I sue plaintiffs lawyer in Small Claims for "malicious prosecution” He filed the same case, same facts after I won ?
Adam's answer
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Answered on September 14, 2012
No, but you can sue the party.
Archived
In California Small Claims court, can a decision be divided into more than one claim to get more than the maximum $ allowed?
Adam's answer
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Answered on September 13, 2012
The law states that a party may bring only 2 Small Claims Actions in a year in excess of $2,500 (Cal Code of Civil Procedure 116.231). So if the...
Archived
I won judgement in small claim sept 10 2010. the other part is not paying. Can I sue them again?
Adam's answer
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Answered on September 13, 2012
No. There are numerous enforcement procedures that you undertake. Generally speaking, you will get a Writ of Execution and provide the Writ to...
My contractor overcharged me under the name of additional work on my remodeling project. Can I dispute it?
Adam's answer
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Answered on September 12, 2012
I have litigated contractor claims in Small Claims numerous times. The law is clear on what a contractor can and cannot do. The list is much too...
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Is there anything I can do other than small claims court to get my car fixed?
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Answered on September 12, 2012
Please note that THOUGH YOU CAN FILE in Small Claims (e.g. damages less than $10,000) does not mean you have to. You can file in 'regular' Superior...
Archived
I had an accident with a motorcyclist and now he's taking me to small claims.
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Answered on September 11, 2012
As others have said, your insurance company is there to assist you. If you lose, they will pay. They may also appeal on your behalf and provide...
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Archived
Can a small claims judgement be changed?
Adam's answer
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Answered on September 11, 2012
No this is not an appeal, rather a clarification of the judgment. This is perfectly legitimate. You can, however, object to what is being asked...
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