Small Claims Case Seems To Be Getting Too Large

[allanb]

CALIFORNIA, Small Claims Zoom hearing this morning. Court Clerk Re-scheduled to a personal appearance on July 7th. I am the Defendant, prior to the Zoom Hearing, Plaintiff sent me 78 pages of "Evidence" plus 2 phone recordings, one I had given him permission to record and the other one he did not ask me. I responded to every piece of evidence he submitted and my total due to some of my responses were multiple Real Estate forms was 155 pages. This would be at least a 2-hour case to resolve with this amount of evidence to be reviewed. Can I make a motion to the court to hear this as a Civil Case in the Superior Court? It has become so convoluted that I don't feel I can represent myself satisfactorily? If so how would I proceed to do so, if not, any advice to help me avoid the pitfall of getting confused in the courtroom in front of the Judge?

Thanks in advance, Al

 

[Zigner]

Here is (one of) your prior thread(s): https://forum.freeadvice.com/threads/can-i-sue-my-local-association-of-realtors.660270/

EDIT for more history: https://forum.freeadvice.com/threads/not-sure-what-to-do.660125/


You need an attorney.

 

[Zigner]

... help me avoid the pitfall of getting confused in the courtroom in front of the Judge?

I will address this: If you are worried that you will become confused by your own case (that you are bringing), then you are hopelessly lost.

 

[quincy]

CALIFORNIA, Small Claims Zoom hearing this morning. Court Clerk Re-scheduled to a personal appearance on July 7th. I am the Defendant, prior to the Zoom Hearing, Plaintiff sent me 78 pages of "Evidence" plus 2 phone recordings, one I had given him permission to record and the other one he did not ask me. I responded to every piece of evidence he submitted and my total due to some of my responses were multiple Real Estate forms was 155 pages. This would be at least a 2-hour case to resolve with this amount of evidence to be reviewed. Can I make a motion to the court to hear this as a Civil Case in the Superior Court? It has become so convoluted that I don't feel I can represent myself satisfactorily? If so how would I proceed to do so, if not, any advice to help me avoid the pitfall of getting confused in the courtroom in front of the Judge?

Thanks in advance, Al

You are right that it seems too much for a small claims case. You can consult with a lawyer to help you with your presentation but the lawyer will not be able to help you in court.

How long ago was the case filed?

 

[allanb]

The case was filed 10-31-2020. continued due to Covid, then continued again as I was going through radiation therapy for 37 straight days including the date of the court appearance. I am lost, not totally but substantially. I had asked Plaintiff to not file until I knew the last day of my radiation therapy but he filed anyway.

 

[quincy]

The case was filed 10-31-2020. continued due to Covid, then continued again as I was going through radiation therapy for 37 straight days including the date of the court appearance. I am lost, not totally but substantially. I had asked Plaintiff to not file until I knew the last day of my radiation therapy but he filed anyway.

I am really sorry that you have this lawsuit to deal with while you are trying to manage your health needs, allanb.

The plaintiff in your case appears to have been unreasonable from the start.

An attorney can help you sort through the evidence and advise you on what is important and what is essentially irrelevant. He can help you form your arguments and prepare you for the hearing. What the attorney will not be able to do is appear at the hearing on your behalf.

 

[allanb]

Thank you, I am going to do that. I definitely hear what you are all saying. I don't want this in small claims court if possible, I am willing to now hire an Attorney, one way or the other. Because my head is just spinning right now. Before I meet with him, of course finding a good attorney that knows Real Estate law is a little difficult as I am not sure how to find one, any suggestions? Just 1 question more, just for my own peace of mind, is will they be able to file a motion to get this out of small claims court or will I still have to go through the small claims process with advice from my eventual Attorney. As I am battling Cancer, the anxiety I am feeling is totally detrimental to me and difficult to deal with, I know it is, I wake up every morning and it plays over and over again like a bad song.
Thanks, Al.

 

[quincy]

Thank you, I am going to do that. I definitely hear what you are all saying. I don't want this in small claims court if possible, I am willing to now hire an Attorney, one way or the other. Because my head is just spinning right now. Before I meet with him, of course finding a good attorney that knows Real Estate law is a little difficult as I am not sure how to find one, any suggestions? Just 1 question more, just for my own peace of mind, is will they be able to file a motion to get this out of small claims court or will I still have to go through the small claims process with advice from my eventual Attorney. As I am battling Cancer, the anxiety I am feeling is totally detrimental to me and difficult to deal with, I know it is, I wake up every morning and it plays over and over again like a bad song.
Thanks, Al.

You should expect your case to continue in small claims court.

Here is a link to resources for finding low cost legal assistance available in California:

https://www.courts.ca.gov/selfhelp-lowcosthelp.htm?rdeLocaleAttr=en

allanb, I know that this lawsuit is weighing heavy on you right now but nothing that happens in court is as important as your health. That is where you want your main focus to be.

Good luck.

 

[Taxing Matters]

Just 1 question more, just for my own peace of mind, is will they be able to file a motion to get this out of small claims court or will I still have to go through the small claims process with advice from my eventual Attorney.

You'd have to file the motion, not your attorney, as attorneys cannot represent you or file motions for you in small claims court in California. Whether the motion would be granted is another matter. There are only certain reasons that the rules allow for that kind of transfer, the most common being that the claims involved in the case have grown to exceed the dollar limit allowed for small claims. The fact that you are just finding the matter too hard to deal with on your own is, unfortunately, not one of the reasons that would support a transfer. The attorney you consult can tell you if you have a situation that would allow for that transfer.

 

[adjusterjack]

Can I make a motion to the court to hear this as a Civil Case in the Superior Court?

No. I don't believe that CA allows removing a case from small claims to a higher court though I defer to TM's comments about possible exceptions.

will I still have to go through the small claims process with advice from my eventual Attorney.

The eventual attorney can verify that for you.

of course finding a good attorney that knows Real Estate law is a little difficult as I am not sure how to find one, any suggestions?

Seriously? You must really be muddled. I did a quick search for real estate lawyers. The are all over the place.

https://duckduckgo.com/?q=california+real+estate+lawyers&atb=v252-1&ia=web

Call up some and explain your situation and ask if one can be hired on an advisory basis without having to appear in court.

If you lose the case you, as a defendant, can file an appeal to the Superior Court which will be handled as a trial de novo (basically a do over). You are then able to have a lawyer represent you in court.

Rather than spending a ton of money on a lawyer now, you might consider just doing the best you can and then appeal the case if you lose. Then it might be worth hiring a lawyer who will know everything about the plaintiff's strategy.

 

[quincy]

Although not entirely on point, here is a case (Jellinek v Superior Court (Duvall), 1991) that addresses transfer of cases out of small claims courts - and the acceptable reasons for transfers (none of which seem present here):

https://law.justia.com/cases/california/court-of-appeal/3d/228/652.html

 

[allanb]

Thank you everyone for the help. It is greatly appreciated! I am sure the last year has been a tough year for everyone. I just want all that responded to know how much better you made me feel!
Thank you so much!
Al

 

[quincy]

Thank you everyone for the help. It is greatly appreciated! I am sure the last year has been a tough year for everyone. I just want all that responded to know how much better you made me feel!
Thank you so much!
Al

We all appreciate the thanks, allanb, so thank you.

I wish you success in court and victory over your cancer.

 

[zddoodah]

Can I make a motion to the court to hear this as a Civil Case in the Superior Court?

First of all, all trial level courts in California are superior courts, and a small claims case is a civil case, so your small claims case is already "a [c]ivil [c]ase in the Superior Court."

That said, a small claims court has the authority to transfer a case to the limited or unlimited division of the superior court. See Code of Civil Procedure Section 116.370 and 116.390. However, one party's subjective belief about the volume of evidence is not a valid basis for a transfer. Parties in small claims cases submit hundreds (even thousands) of pages of evidence all the time. If the judge deems it necessary, he or she will take the matter under submission and review your evidence and maybe even call you back for a follow up hearing.

It has become so convoluted that I don't feel I can represent myself satisfactorily?

Despite your use of a question mark, this sentence is not a question. Addressed as a declarative statement, the only sensible response is that, while that's unfortunate, it doesn't matter. The plaintiff got to make the determination to file the case in small claims court or the unlimited or limited division of the superior court. If you had a counterclaim against the plaintiff that exceeded the jurisdictional limit of the small claims court, that would have gotten your case transferred, but the whole point of small claims courts is to provide a streamlined and uncomplicated forum for low dollar disputes.

any advice to help me avoid the pitfall of getting confused in the courtroom in front of the Judge?

There's no way to answer this in the abstract other than to say that you should know your case inside and out and be intimately familiar with the documentary evidence. Put everything in a well-indexed binder and make a duplicate binder that you can offer to the judge.

I am willing to now hire an Attorney

While you may not be represented in small claims court by an attorney, you certainly can hire one to help you prepare your case and even to attend the hearing and help you stay on point.

 

[Zigner]

Interestingly, since the OP is the defendant (and assuming he has made no counter claim), he can get his wish by simply showing up and refusing to offer any testimony, information, etc. Once the verdict is rendered in the plaintiff's favor by the small claims court, he can then appeal the matter and receive a trial de novo in a higher court. There is no need to request that it be moved up to the higher court at this time.