Binding Arbitration Evidence Allowed/Not Allowed?

[allanb]

CA, I am being sued in a Small Claims Case by an individual that I represented in a Real Estate transaction, he was the Buyer, I also represented the Seller.
The Buyer went to Binding Arbitration with the Seller and won his case.
In his Small Claims case, he is using private information that was strictly between the Seller and myself without the Seller's permission. I know that the actual judgement is public record and either party can use that but I was wondering if he can actually use evidence that was used to determine his final outcome?
The evidence is not anything I am worried about but what I am worried about is that my history with this individual is he uses the old adage if you can't Dazzle them with Brilliance, Baffle them with Bulls&%$t. Lots and lots of it to point of causing confusion. He is very good at it.

Thanks, Al

 

[Zigner]

Posting Hx:

https://forum.freeadvice.com/threads/can-i-sue-my-local-association-of-realtors.660270/
https://forum.freeadvice.com/threads/not-sure-what-to-do.660125/

 

[Zigner]

Question: "I was wondering if he can actually use evidence that was used to determine his final outcome?
Answer: "I know that the actual judgement is public record and either party can use that ...


There ya go.

 

[Taxing Matters]

In his Small Claims case, he is using private information that was strictly between the Seller and myself without the Seller's permission

What kind of private information and how did he get it if was private?

I know that the actual judgement is public record and either party can use that but I was wondering if he can actually use evidence that was used to determine his final outcome?

Probably he can, though that depends on the answers to the questions I asked above. Small claims courts are more informal than other courts, and the judges decide what evidence they'll take into account or not based primarily on relevance and reliability. Since there isn't a jury, there isn't really a need for the judge to formally rule on questions of evidence — the judge decides the case and hears it all anyway.

I've never liked dual representation of both buyer and seller by a real estate broker/salesperson. There is just no way that representing both sides that the broker/agent can do his best job for both clients — doing a great job for one necessarily means not doing a great job for the other. And I think that invites lawsuits. I would never hire someone representing the other side of the same deal.

 

[allanb]

The Judgement and evidence are two different things (I Believe), the evidence leads up to the judgement, the judgement is public record but the evidence is not.
He would have gotten the private e-mails through "discovery" at the Binding Arbitration case, I assume this, as I see no other way for him to get them.
Per Zigners observation, there are other threads relating to different aspects of my situation but I started a new thread as I thought that best to do.
BTW: last time I do dual agency, it is a conflict of interest, I will never do it again. But that's water under the bridge.
Thank you, Al

 

[zddoodah]

I am being sued in a Small Claims Case by an individual that I represented in a Real Estate transaction, he was the Buyer, I also represented the Seller.

So...you're a realtor?

The Buyer went to Binding Arbitration with the Seller and won his case.

So...the buyer "sued" the seller in arbitration? And now the buyer is suing you in small claims court? What was the basis for the arbitration and what is the basis for the small claims suit?

In his Small Claims case, he is using private information that was strictly between the Seller and myself without the Seller's permission.

What does this mean? If the seller "is using" this information, then it obviously was not "strictly between the seller and [you]." How do you know the seller "is using" this information? Since 99+% of California small claims actions consist of nothing more than the plaintiff's statement of claim form and the trial, the defendant generally does not know what the plaintiff is going to do until the trial.

I know that the actual judgement is public record and either party can use that but I was wondering if he can actually use evidence that was used to determine his final outcome?

What actual judgment? An arbitration results in an award. If the side against whom the award was made doesn't pay, then the prevailing party can file an action in the superior court to confirm the award and have a judgment entered. If that happens, then both the award and the judgment will be public record. However, if there is no confirmation action filed, then the award is not a matter of public record.

As for your question, it doesn't make sense. "[E]vidence that was used to determine his final outcome"? Huh? That said, just about anything can be used as evidence in a small claims case, and the Evidence Code is not strictly applied in small claims cases.

The Judgement and evidence are two different things (I Believe), the evidence leads up to the judgement, the judgement is public record but the evidence is not.

It is certainly true that evidence and a judgment are completely different things. It is not necessarily true that evidence that led to the entry of a judgment is not a matter of public record.

He would have gotten the private e-mails through "discovery" at the Binding Arbitration case, I assume this, as I see no other way for him to get them.

You describing these emails as "private" is of no legal consequence.

 

[allanb]

Thank you for all your replies.

Al

 

[Taxing Matters]

The Judgement and evidence are two different things (I Believe), the evidence leads up to the judgement, the judgement is public record but the evidence is not.
He would have gotten the private e-mails through "discovery" at the Binding Arbitration case, I assume this, as I see no other way for him to get them.

Then unless there is some law out there that prevents him from using them they are fair game for your trial. The messages are private in that they were initially just between you and the buyer, but in general e-mails you send can be shared by the recipient with anyone he or she wants, just like a letter you'd send in the mail. So while e-mails you send may start private, they might not stay that way. Bear that in mind with each e-mail you send and ask yourself if you would be embarrassed or suffer some unpleasant consquence should that e-mail be exposed to the world. If the answer is yes, you might not want to send it unless you can be sure that there is some legal protection against disclosure. None of the states I'm familiar with has a law that would protect the e-mails in this kind of situation, but I've not researched CA law on it. It would be unusual though if it did have such a law.

 

[quincy]

CA, I am being sued in a Small Claims Case by an individual that I represented in a Real Estate transaction, he was the Buyer, I also represented the Seller.
The Buyer went to Binding Arbitration with the Seller and won his case.
In his Small Claims case, he is using private information that was strictly between the Seller and myself without the Seller's permission. I know that the actual judgement is public record and either party can use that but I was wondering if he can actually use evidence that was used to determine his final outcome?
The evidence is not anything I am worried about but what I am worried about is that my history with this individual is he uses the old adage if you can't Dazzle them with Brilliance, Baffle them with Bulls&%$t. Lots and lots of it to point of causing confusion. He is very good at it.

Thanks, Al

Are the “private” emails just being used as evidence in court or are these emails being published elsewhere? Do the emails contain any confidential information (e.g., social security numbers, medical information) that would need to be redacted prior to making the emails public?

If the emails were legally obtained, there generally would be no issue if they were used as evidence in court. California privacy laws could apply in other circumstances, however.

 

[FlyingRon]

Yep, while I can't vouch for small claims arbitration, I do several financial arbitrations a year (as the arbitrator). The general rules of evidence apply though we have a little more leeway than a traditional court. As TM points out in limine motions to exclude presentation are kind of pointless (doesn't mean I've not had attorneys try) as the same arbitrators who are going to decide the motion are also the ones to hear the evidence. It should just get presented and if improper, we know to disregard it.

 

[Taxing Matters]

Yep, while I can't vouch for small claims arbitration, I do several financial arbitrations a year (as the arbitrator). The general rules of evidence apply though we have a little more leeway than a traditional court. As TM points out in limine motions to exclude presentation are kind of pointless (doesn't mean I've not had attorneys try) as the same arbitrators who are going to decide the motion are also the ones to hear the evidence. It should just get presented and if improper, we know to disregard it.

While in a bench trial a motion in limine is generally pointless it is important (at least outside of small claims court) to object to any proffered evidence that is inadmissible so that if the judge/magistrate does factor that into his/her decision the matter can be taken up on appeal. If there is no objection generally the courts won't consider it. In small claims cases in states where there is no appeal from the small claims decision (or the appeal amounts to a new trial at the higher court) even that objection really doesn't do any good.

 

[Zigner]

While in a bench trial a motion in limine is generally pointless it is important (at least outside of small claims court) to object to any proffered evidence that is inadmissible so that if the judge/magistrate does factor that into his/her decision the matter can be taken up on appeal. If there is no objection generally the courts won't consider it. In small claims cases in states where there is no appeal from the small claims decision (or the appeal amounts to a new trial at the higher court) even that objection really doesn't do any good.

In California, the defendant is allowed to "appeal" (actually, request a trial de novo) for any reason. This new trial will be held in a higher court and both parties will need to present their case again from scratch. An attorney would be wise at that point.

https://www.courts.ca.gov/1072.htm

 

[FlyingRon]

While in a bench trial a motion in limine is generally pointless it is important (at least outside of small claims court) to object to any proffered evidence that is inadmissible so that if the judge/magistrate does factor that into his/her decision the matter can be taken up on appeal. If there is no objection generally the courts won't consider it. In small claims cases in states where there is no appeal from the small claims decision (or the appeal amounts to a new trial at the higher court) even that objection really doesn't do any good.

Objection to evidence being introduced I understand, but I got an in limine motion last year which was silly. They had to show me the evidence that they want to me not to see. There's certainly times when evidence has been excluded (foundation reasons, etc...).

 

[Taxing Matters]

In California, the defendant is allowed to "appeal" (actually, request a trial de novo) for any reason. This new trial will be held in a higher court and both parties will need to present their case again from scratch. An attorney would be wise at that point.

Except that for the kinds of amounts at issue in a lot of small claims court cases hiring an attorney may end up costing more than what the parties are fighting over.

 

[quincy]

Except that for the kinds of amounts at issue in a lot of small claims court cases hiring an attorney may end up costing more than what the parties are fighting over.

The amount is $10,000 - or at least that was the amount being asked for in the suit. I don’t know if that is what was awarded.