San Francisco, CA asked in Civil Litigation, Civil Rights, Landlord - Tenant and Small Claims for California

Q: in a small claims case is a lawyer for the defendants allowed to be a party on paper, like the plaintiff, the defendant?

And also how would one categorize a pro tem judge that has a double tongue as well as declaring events that never took place. 1. the judge in open court said that we were awarded the full amount

After the judge asked the defendant did they want to make a deal before she rules the defendant declined, the judge spoke the order,

At which point the judge asked for any evidence the plaintiffs offered up the evidence and had to bring up the witness the judge way

well the judge took the evidence under review took 60 days and when writ came it was way lower 10,000 now 1800. said all evidence was heard which was not true plaintiffs never got to move on pass the introduction judge hi-jacked the case and went on a rant. The judges preponderance of the evidence was all wrong mainly because it was adlibed, didn't hear case facts. put in a review which was denied why?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California small claims court, attorneys are generally not permitted to represent parties during the initial hearing. Both plaintiffs and defendants usually represent themselves. However, attorneys can be involved in certain aspects of the case, like providing advice before the hearing.

If you believe the judge acted inappropriately or unethically, you can file a complaint with the California Commission on Judicial Performance. This body investigates allegations of judicial misconduct.

It's essential to act promptly as there are strict deadlines for filing appeals and complaints. Documenting all aspects of the case, including the judge’s statements and the evidence presented, will be crucial in pursuing either of these actions.

Given the complexity of your situation, consulting with an attorney for guidance, even though they cannot represent you in the initial small claims hearing, can be very helpful.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.