Q: Can I refile for Money Damages for emotional and Psychological harm as the judgement is incorrect did not apply the law.
I lost the case in small claim court for Money Damages of continued excessive noise irritating, annoying affecting emotional distress and Psychological harm violate our right to peaceful, comfortable of our home inspite my appeal in sc-108 form even the dependant didn't answer. The judge still denied my case. The judgement is just a mere opinion of the judge.
He stated, "quote" even the Municipal code will be applied the Plaintiff will still fail. "unquote" he did not apply the law to the evidence in the right way and the Municipal code of our city presented during the hearing which state to disturbs the peace or quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person residing in the area at any time is strictly unlawful. Said Municipal code. After the case was denied, the dependant celebrated creating unreasonable noise continously injurious to our health. We don't know what to do next.
Thank you so much for your response it really help
A:
As the Plaintiff in Small Claims, you do not have the right to appeal the decision. You waive this by submitting the claim to Small Claims. If you file a second action on the same facts, same time period, the claim could be estopped by the prior decision, its "Res Adjudicata" (the thing has been decided), and you could end up being declared a Vexatious Litigant. Sorry to hear you are having these problems with neighbors and cannot get satisfaction.
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