I'm short on time (my own fault I admit), and I need a little advice here from someone with a little knowledge of the small claims court system here in California, or at least someone who knows how small claims cases work in general.
First off, this is a matter not involving myself, but rather my father as the plaintiff. He was involved in car accident that was not at all his fault a couple of years ago. The good news is that while his car suffered some nasty damage to the bumper/rear, he recovered from his whiplash-related injuries completely not too long after. The reason why we've all become a little better acquainted with the small claims court system is because he placed too much faith in his fellow human being. The lady who hit his vehicle from behind claimed to be very willing to pay for his damages so long as he did not contact the authorities or his or her insurance regarding the accident. Yeah, she played the part of a poor, innocent college student to a 'T' and since he only had liability coverage, he bit on the sob story, content to receive her DL, insurance and contact information on the back of a biz card.
Two years after first contacting her, getting told off by her husband & herself, eventually hiring a lawyer and getting the run-around from her insurance co., my father's lawyer informed him that the statute of limitations was about up on his accident, and his best course of action would be to take the matter to small claims. After I expressed some initial doubt regarding whether we'd be throwing away $75 + process server fees (my father's a great guy, but not the best when it comes to making business/legal/most decisions, lol), I gave him my blessing to file suit, knowing I'd accompany him to his court date, and help him in whatever manner I could. His lawyer prepared all his paperwork, which we considered kind since he never received a cent from us, leaving us with the task of making some copies, and presenting ourselves and our case before the court.
On the day we were to show up to court, we dressed in business attire only to find out the other party and her insurance adjuster chose to slum it up which no doubt did them no favor with the judge. My father was a little nervous but did an admirable job of arguing his case considering this was his first time *and* my first time appearing before a judge for anything. I took advantage and put my public speaking skills to elaborate on his points when presenting the evidence to the judge, prompting her insurance adjuster to wonder if I had any legal background. In retrospect, what sealed the deal in our favor was (1) her claim that she was going "5 MPH" on a busy 40 MPH road, surely not enough to cause the damages my father claimed, and (2) that a slightly leaky median/landscape sprinkler contributed to her car (a newer model Mustang) skidding into my father (driving an already incredibly beat-up but reliable '86 Subaru GL-10 with practically bald tires), while my father somehow miraculously did not go careening down the road like a drunk teen starlet after plowing through that 'hazard'.
Days later, my father was still a bit surprised to receive a letter indicating the judge's decision, awarding him $5,000 of the $7,500 (statutory maximum) he was seeking. The $7500 was broken down into (1) $250 for the value of the car, as we knew he'd never get the $2,000+ necessary to fix it and he was prepared to write-off the car soon anyway, (2) ~$2,250 for medical damages, and (3) $~5,000 in other damages (punitive? I forget the terminology). He was happy to be compensated for his losses, ecstatic to come out very clearly in the black, on top of the giddy feeling of prevailing over some unscrupulous people , of course. His joy was tempered another few days later when receiving a notice indicating the other party filed an appeal, to be soon accompanied by another letter to us/the court from their legal representation, alleging the judge to have been prejudiced and biased against the defendant in our case. I don't think that will go over with judge too well, no?
So, although I am very comfortable with my father's situation, and sure he will at the very least wind up being awarded the same $5000 in damages, and in my best guesstimate, significantly more in light of that unnecessary barb and yet another day, in which we'll make it very clear "that our time as well as that of the court's is being wasted revisiting a matter already fairly adjudicated and well-discussed," I am a little concerned about tomorrow. Before going to court, I have a couple of questions for those who may know how appeals are handled in small claims:
1. Do we have to resubmit all the evidence/documentation? We have no material to present outside of what's already been submitted to the judge. As is probably obvious, I'm hoping to avoid making anymore copies.
2. Will the (same, right?) judge have a copy of the previous hearing's transcript? We are hoping to use the defendant's own statements in court against her, and would like the judge to be able to smack her down should she perjure herself. I've read something along the lines that in NY state, the appealing party is responsible for paying for and providing transcripts. Don't know how this goes in CA...
3. And lastly, is there anything else we should know before going into court? Keep in mind, although I am loaded in common sense, and just had one experience talking at length with a judge before a courtroom 3/4-full of observers, I am still bit of a n00b when it comes to courtroom/legal matters.
Any help or advice is greatly appreciated!
Cliff's:
1. Father had a car accident and got nowhere with the other party and her insurance.
2. Father filed small claims suit regarding accident and was awarded $5000 in damages.
3. Other party filed appeal, with a court date of 12/5, leaving me w/couple of questions (above).
4. <Help us fill in this blank!>
5. ...
6. Father aka 'the good guy' profits!
UPDATE: Question 2 still stands after reading through kedlav's most useful link.
First off, this is a matter not involving myself, but rather my father as the plaintiff. He was involved in car accident that was not at all his fault a couple of years ago. The good news is that while his car suffered some nasty damage to the bumper/rear, he recovered from his whiplash-related injuries completely not too long after. The reason why we've all become a little better acquainted with the small claims court system is because he placed too much faith in his fellow human being. The lady who hit his vehicle from behind claimed to be very willing to pay for his damages so long as he did not contact the authorities or his or her insurance regarding the accident. Yeah, she played the part of a poor, innocent college student to a 'T' and since he only had liability coverage, he bit on the sob story, content to receive her DL, insurance and contact information on the back of a biz card.
Two years after first contacting her, getting told off by her husband & herself, eventually hiring a lawyer and getting the run-around from her insurance co., my father's lawyer informed him that the statute of limitations was about up on his accident, and his best course of action would be to take the matter to small claims. After I expressed some initial doubt regarding whether we'd be throwing away $75 + process server fees (my father's a great guy, but not the best when it comes to making business/legal/most decisions, lol), I gave him my blessing to file suit, knowing I'd accompany him to his court date, and help him in whatever manner I could. His lawyer prepared all his paperwork, which we considered kind since he never received a cent from us, leaving us with the task of making some copies, and presenting ourselves and our case before the court.
On the day we were to show up to court, we dressed in business attire only to find out the other party and her insurance adjuster chose to slum it up which no doubt did them no favor with the judge. My father was a little nervous but did an admirable job of arguing his case considering this was his first time *and* my first time appearing before a judge for anything. I took advantage and put my public speaking skills to elaborate on his points when presenting the evidence to the judge, prompting her insurance adjuster to wonder if I had any legal background. In retrospect, what sealed the deal in our favor was (1) her claim that she was going "5 MPH" on a busy 40 MPH road, surely not enough to cause the damages my father claimed, and (2) that a slightly leaky median/landscape sprinkler contributed to her car (a newer model Mustang) skidding into my father (driving an already incredibly beat-up but reliable '86 Subaru GL-10 with practically bald tires), while my father somehow miraculously did not go careening down the road like a drunk teen starlet after plowing through that 'hazard'.
Days later, my father was still a bit surprised to receive a letter indicating the judge's decision, awarding him $5,000 of the $7,500 (statutory maximum) he was seeking. The $7500 was broken down into (1) $250 for the value of the car, as we knew he'd never get the $2,000+ necessary to fix it and he was prepared to write-off the car soon anyway, (2) ~$2,250 for medical damages, and (3) $~5,000 in other damages (punitive? I forget the terminology). He was happy to be compensated for his losses, ecstatic to come out very clearly in the black, on top of the giddy feeling of prevailing over some unscrupulous people , of course. His joy was tempered another few days later when receiving a notice indicating the other party filed an appeal, to be soon accompanied by another letter to us/the court from their legal representation, alleging the judge to have been prejudiced and biased against the defendant in our case. I don't think that will go over with judge too well, no?
So, although I am very comfortable with my father's situation, and sure he will at the very least wind up being awarded the same $5000 in damages, and in my best guesstimate, significantly more in light of that unnecessary barb and yet another day, in which we'll make it very clear "that our time as well as that of the court's is being wasted revisiting a matter already fairly adjudicated and well-discussed," I am a little concerned about tomorrow. Before going to court, I have a couple of questions for those who may know how appeals are handled in small claims:
1. Do we have to resubmit all the evidence/documentation? We have no material to present outside of what's already been submitted to the judge. As is probably obvious, I'm hoping to avoid making anymore copies.
2. Will the (same, right?) judge have a copy of the previous hearing's transcript? We are hoping to use the defendant's own statements in court against her, and would like the judge to be able to smack her down should she perjure herself. I've read something along the lines that in NY state, the appealing party is responsible for paying for and providing transcripts. Don't know how this goes in CA...
3. And lastly, is there anything else we should know before going into court? Keep in mind, although I am loaded in common sense, and just had one experience talking at length with a judge before a courtroom 3/4-full of observers, I am still bit of a n00b when it comes to courtroom/legal matters.
Any help or advice is greatly appreciated!
Cliff's:
1. Father had a car accident and got nowhere with the other party and her insurance.
2. Father filed small claims suit regarding accident and was awarded $5000 in damages.
3. Other party filed appeal, with a court date of 12/5, leaving me w/couple of questions (above).
4. <Help us fill in this blank!>
5. ...
6. Father aka 'the good guy' profits!
UPDATE: Question 2 still stands after reading through kedlav's most useful link.
Facebook
Twitter