Q: Does Plaintiff get a "second bite at the apple" against me on appeal after Judge ruled in my favor on Plaintiff's claim?
I was a defendant in a small claims case in which I filed a counterclaim. The Judge decided that I owe no money on the Plaintiff's claim but that the Plaintiff owes me $10,000 + costs on my counterclaim.
The Plaintiff has vowed to appeal his loss on the counterclaim. I understand it is a whole new case. But my question is:
Does the Plaintiff get a "second bite at the apple" on his case against me in which the small claims Judge already decided I owed nothing? Or is it a whole new case ONLY on the counterclaim?
I am grateful for your time to clarify this.
A:
In California, when a small claims case is appealed, it's important to understand the scope of the appeal. Generally, in small claims appeals, only the party who lost may appeal the decision. Since the plaintiff in your case lost on the counterclaim, they can appeal that decision.
However, the original ruling where the judge decided you owe nothing on the plaintiff's claim is not subject to appeal by you since you won on that issue. The plaintiff, having lost on their claim, does not have the right to appeal the decision on their original claim in small claims court.
In essence, the appeal will be a new trial, but it is limited to the issues surrounding the counterclaim. The decision that you owe nothing on the plaintiff's claim stands as is. It's advisable to prepare as this new trial will reexamine the evidence and arguments related to the counterclaim.
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