Pleez! Help Needed on Small Claims Motion (LASC)

undefinedWhat is the name of your state? CA

Thanks so much for taking the time to read my post and any help you may be able to offer.

I’m the plaintiff on a 5K small claims just heard. This judge by his questioning of the defendant would have left anyone in the courtroom to believe the decision would be for the plaintiff, but as our un-judicial system goes, it was for the defendant.

“Judgment entered as a final disposition on 00/00/04. The court orders that the defendant(s) does not owe plaintiff(s) any money on plaintiff's claim.”

In small claims, unlike regular civil court, the judge gives nothing more than a decision for plaintiff of defendant and how much if any. No explanation is given whatsoever. There are no judge’s notes in the case file either.

I MUST get a new trial on this. There are 2-other related cases. Winning either of these would be contingent on winning the one just heard.

To have a judgment reviewed in small claims (which gives a plaintiff a limited opportunity to have a court reconsider its decision, although not necessarily the right to a hearing) reads:

"A plaintiff who loses may request the small claims court to correct a clerical error in the judgment or set aside and vacate a judgment on the grounds of an incorrect or erroneous legal basis for the decision.

I NEED TO PREPARE A MOTION AND SUBMIT IT THIS MONDAY. The problem is, how do I prepare a motion if the judge lends no explanation for his decision, how does one know what the incorrect or erroneous legal basis is?

This is how the court form reads on:

(SC-108) REQUEST TO CORRECT OR VACATE JUDGMENT

The facts supporting this request to set aside or vacate the judgment on the grounds of an incorrect or erroneous legal basis for the decision are as follows (specify facts, statute, rule of court case law, etc.):

What do I do here? I don’t even know where to begin to look without being able to read the judge’s mind.

To give you an idea, this is what I wrote if I did not have to use “statute, rule of court case law, etc”:
All relevant facts to causes of action were not heard and tried on their merits (of the case.) Defendant’s perjury discredited plaintiff’s testimony. Plaintiff was refused oral argument and submission of statement of fact.

Pleeezzz help me!

This post sounds familiar , if not exact under another user name . Right ?

Anyways , I'm not sure about your state , but in mine , if there is no recording or minutes, if you request the Judge writes up what what took place .

Clerical errors would be misspellings or incorrect amounts , Etc.

Errors of law . You would have to cite case law on similar cases , and show where this Judge erred in his decision based on those cases . ( hard to do ).

Didn't you receive a notice you could file for a Trial De Novo . You would have a better chance that way if your sure you have a case .

No. I've never posted to this site before.

In my post, it begins with asking what state, which I answered CA.

The plaintiff in CA can only be heard again as I denoted in my post. This is the reason for the asking of the question.

Yes, I need to >>Errors of law . You would have to cite case law on similar cases , and show where this Judge erred in his decision based on those cases . ( hard to do ).<<

This again is the reasoning for my post. I'm searching blind on this and don't know where to look. I want to get this into the court TODAY!.

Thanks.

Sorry, you are correct ,only a defendant can file an appeal.

You could have wrote and requested an explanation of the Judge on his decision.Not saying he would have gave you one .

Only you know what you case was about . We have no idea.
On top of that small claims Judges can use a number of things along with the Laws to decide the case.

Unless you were denied to present you case and site relevant evidence in front of you ,you will be hard pressed to just give a generic reason for your motion to set aside , and for it to be granted.

I certainly can't give you advice on how to get it set aside .

Someone else might have more information. Sorry !!

LT11 said:

[What do I do here? I don’t even know where to begin to look without being able to read the judge’s mind.

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Lets start with.... Why do you feel the judges ruling was in error?? Was there anything that the court allowed entered, or exluded, that was contrary to the law, rules of evidence or rules of court??

All relevant facts to causes of action were not heard

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Why not??

and tried on their merits (of the case.)

Click to expand...

Again, why do you say that?? Do you have any FACTUAL basis for that statement or is it just that you don't feel it was 'fair'??

Defendant’s perjury discredited plaintiff’s testimony.

Click to expand...

Okay, so what evidence did you present AT THE TRIAL to prove his/her statement was perjurious??

Plaintiff was refused oral argument and submission of statement of fact.

Click to expand...

Why??

At this point, your only recourse is to try to find some statute, rule or caselaw that would support your claim that the court erred in its conduct or ruling. As stated on the form, "specify facts, statute, rule of court case law, etc.".
That is not going to be easy...... and I have to suggest you consider talking with a local attorney, who can review all the facts and advise what, if anything, you can do.