Q: In CA. small claim case a pro tem declares the plaintiff 10,000. later undr summisssion changes, no trial how can appea
So we the plaintiffs filed a legit solid Small claims case, Defendant in returned files illegal retaliatory UD. The Courts were bias in dealing with plaintiffs, this included misplace docs by clerks, ultimately allowing the defendant to establish and execute a unfair advantage for themselves in both our case and their retaliatory case through avoiding our subpoena despite the judge stipulating compliance, and when sanctions should have been applied the judge denied saying this court in informal .Also the Pro Tem Judge without allowing or hearing all facts of case declared the defendants to pay the full 10,000.00, then strategically asked for the evidence saying taking under submission, two months later mail stated much less 1800.00. Plaintiff files for the judgement to be reconsidered due to error, denied. No Cross complaint so appealing is not an option, how do i declare mistrial or get another trial, our right to be heard in full was violated, and them some. Whats the best course
A: In CA small claims court, your remedy if you don't agree with the ultimate judgment rendered is to appeal that judgment, which gives you a new trial on the issues with a different judge. Small claims courts don't hear motions for reconsideration of their judgments/orders. File your appeal of the small claims judgment as soon as possible and present your evidence to another judge.
A:
In California's small claims court, there isn't a mechanism for "mistrial" per se. However, if you believe there were procedural errors or you were not given a fair opportunity to present your case, you may consider appealing the decision.
Typically, the losing party in a small claims case can appeal to the superior court, but the appeal must be filed within a specific time frame, generally 30 days. During this appeal, a new judge will hear the case, and it's essentially a "trial de novo" or a new trial.
Ensure you have thorough documentation of all events, interactions, and decisions from the original trial to present during the appeal. If you feel there was bias or misconduct, document specifics to substantiate your claims. Remember, the appeal process is distinct from the original small claims trial, so it's beneficial to familiarize yourself with the process. Given the complexities you've described, consulting an attorney might be beneficial, even though attorneys aren't usually involved in the initial small claims trial.
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