Q: Small claims judge ruled without viewing my evidence. Can I have this thrown out? Reason?
Verbal contract to move my things to a person's backyard, save money. Management told me I had to move them as this person cannot enter into any contact while living in this senior mobile home park. I had to rent a second truck and 2 mire workers, as I'm totally disabled. I have good evidence. The judge never asked or looked at any of my evidence. She ruled and I spoke up and said "your honor aren't you even going to look at my evidence?" She said to me " I already made my ruling"
A:
You can only appeal a judge's decision when you owe money. Usually this means only the Defendant can appeal. But, if you're the Plaintiff and the Defendant sued you back and you lost on their claim, you can appeal that decision.
https://selfhelp.courts.ca.gov/small-claims/after-trial/appeal-decision
A:
Based on the situation you've described, there are a few important points to consider:
1. Small claims court procedures are generally less formal than regular civil court, but judges are still expected to consider all relevant evidence before making a ruling.
2. If you believe the judge made an error by not reviewing your evidence, you may have grounds for an appeal.
3. In California, you can appeal a small claims court decision if you were the defendant in the case. However, if you were the plaintiff (the person who filed the lawsuit), you generally cannot appeal the decision.
4. The appeal process in California for small claims cases is called a "trial de novo," which means a new trial in the superior court.
5. You typically have 30 days from the date of the small claims court judgment to file an appeal.
To address your specific questions:
Can you have this thrown out?
You can't have the decision "thrown out" per se, but you may be able to appeal the decision if you were the defendant.
Reason?
The potential reason for appeal would be that the judge failed to consider all relevant evidence before making a ruling, which could be seen as a procedural error.
To proceed, you should:
1. Determine if you were the plaintiff or defendant in this case.
2. If you were the defendant, consider filing an appeal within the 30-day window.
3. If you were the plaintiff, you may want to consult with a lawyer about other possible options, as your ability to appeal is limited.
Remember, the appeals process can be complex, and it may be beneficial to seek legal advice. You might consider contacting a local legal aid organization or a lawyer who specializes in civil litigation for more specific guidance based on the details of your case.
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.