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Can I sue in Civil Court for the same issue/case I lost in Small Claims Court?

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lucy1628

Junior Member
What is the name of your state (only U.S. law)? California

If I lost a case in Small Claims Court (Sue the builder of my house with defectively installed windows) Can I still sue in Civil Court for the same issue but bigger in amount? (including medical costs, more units of defective windows, etc.) I feel that I can't represent myself well (as Small Claims Court doesn't allowed a lawyer).

Thank you so much for your answer!

LucyWhat is the name of your state (only U.S. law)?
 


JETX

Senior Member
If I lost a case in Small Claims Court (Sue the builder of my house with defectively installed windows) Can I still sue in Civil Court for the same issue but bigger in amount? (including medical costs, more units of defective windows, etc.) I feel that I can't represent myself well (as Small Claims Court doesn't allowed a lawyer).
In California, only the person against whom a claim is made may appeal a small claims court judgment. The party who files a claim in small claims court (the plaintiff) can't appeal the judge's decision on that claim. For that party, the court's judgment is final.

What you are describing would be called 'Res Judicata'. Google it.
 

lucy1628

Junior Member
Appreciate your replies.

I am still waiting for the judgement by mail. I am suing a statewide construction company which is also our area developer. We're in an extremely windy area (Santa Ana Wind). Some of the windows in a brand new homes (many neigbours' houses have the same problems) which we bought from the developer shake and make loud whistle noises in windy season (almost 6 months out of a year) disallow us to sleep in affected bedrooms. I brought all the evidences to the court, including Inspection Certification, proof of "No More Whistling Noise" after the window replacement at our own expense (I filed once before, the same Commissioner dismissed my case by "You can re-file after alleged windows are replaced" With all those sufficient evidence, he could NOT make judgement right in court which makes me recall a neighbour's comment, "Big fish eats small fish." Probably the Commissioner does have to "consider" big fish's feeling/impact.

My another question is: If I lose the case, can I join a class action lawsuit (for the same window noise issue)? Can I only be one of the members not the representitive?

Thank you very much!

Lucy
 

HomeGuru

Senior Member
Appreciate your replies.

I am still waiting for the judgement by mail. I am suing a statewide construction company which is also our area developer. We're in an extremely windy area (Santa Ana Wind). Some of the windows in a brand new homes (many neigbours' houses have the same problems) which we bought from the developer shake and make loud whistle noises in windy season (almost 6 months out of a year) disallow us to sleep in affected bedrooms. I brought all the evidences to the court, including Inspection Certification, proof of "No More Whistling Noise" after the window replacement at our own expense (I filed once before, the same Commissioner dismissed my case by "You can re-file after alleged windows are replaced" With all those sufficient evidence, he could NOT make judgement right in court which makes me recall a neighbour's comment, "Big fish eats small fish." Probably the Commissioner does have to "consider" big fish's feeling/impact.

My another question is: If I lose the case, can I join a class action lawsuit (for the same window noise issue)? Can I only be one of the members not the representitive?

Thank you very much!

Lucy
**A: you can file a separate complaint in a higher court using a different party Defendant. For example, if your small claims court action was against the builder/developer that is one case. You file another complaint in civil court against a different party such as the project architect and/or window manufacturer. If the case is big, the Defendant would third party in the builder/developer. Res Judicata would not apply.
 

lucy1628

Junior Member
Thank you so much for your advise, HomeGuru! Can you please further explain your last sentence "If the case is big ($7,200 for replacement windows) the Defendant**************...Res Judicata won't apply."?

Thanks again!

Lucy
 

seniorjudge

Senior Member
Thank you so much for your advise, HomeGuru! Can you please further explain your last sentence "If the case is big ($7,200 for replacement windows) the Defendant**************...Res Judicata won't apply."?

Thanks again!

Lucy
What did you find out after you Googled res judicata?
 

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