Q: Can I refile the same case in small claim court the judgement is incorrect or legally wrong did not apply the law
The judge did not apply the law to the evidence in the right way. I want to refile again the same case is this legal? The case is only Money Damages for Excessive Noise-unlawful which is prohibited in our area Loma Linda Ca. I File the SC-108 to cancel judgement. But the judge denied. The dependant did not even answer SC-108 form.
A:
Welcome to the world of litigation. You file your case, give it your best shot at trial and for one reason or another the judge does not agree with you, and you lose. In small claims, plaintiffs have no right to an appeal. The decision is a bar against you refiling the same case and you could end up being designated a "vexatious litigant" for refiling the same case more than once. Not "legal."
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