California Small Claims Court. I was a plaintiff in a small case hearing. The Judge Pro Tem that ruled in the hearing was an attorney. Before our hearing there was another hearing involving a Hispanic person with no English knowledge. The defendant in my case spoke Spanish, and the judge pro tem asked this Hispanic person that didn't speak English if he was OK with my defendant to translate for him. This random person from the audience was allowed to represent this person that didn't speak English - foul number 1.
My defendant got browny points for volunteering, and ended up winning the case with no evidence (even though I had a stack of evidence against him, and none of it was used in the rulling reason).
I filed a Motion to Correct Judgement and was assured that a judge would be reviewing the motion and not a judge pro tem. Shortly after I got a letter saying that in order for a judge to look at this, and schedule a rehearing I needed to file a Motion to Vacate Judgement. I hurried and did that. Got a letter scheduling a court date for rehearing, even though the judge doesn't need to listen to another hearing. Then I get a letter form the judge pro tem that rulled in my case denying my motion to vacate as that is only for plaintiffs who did not appear at the hearing - which was not me - and she was cancelling the rehearing.
I was ill advised to file Motion to Vacate. My first Motion to Correct was the right thing to do. It seemed as though the judge reviewed the case and was going to review it, but somewhere along the lines the judge pro tem got involved, and to protect her credibility as a judge, I got tricked into filing this incorrect thing, so i would get denied.
What can I do to recover my losses from the court for tricking me to file something I had no right to file, and then ignoring my original application? Thx.What is the name of your state?
My defendant got browny points for volunteering, and ended up winning the case with no evidence (even though I had a stack of evidence against him, and none of it was used in the rulling reason).
I filed a Motion to Correct Judgement and was assured that a judge would be reviewing the motion and not a judge pro tem. Shortly after I got a letter saying that in order for a judge to look at this, and schedule a rehearing I needed to file a Motion to Vacate Judgement. I hurried and did that. Got a letter scheduling a court date for rehearing, even though the judge doesn't need to listen to another hearing. Then I get a letter form the judge pro tem that rulled in my case denying my motion to vacate as that is only for plaintiffs who did not appear at the hearing - which was not me - and she was cancelling the rehearing.
I was ill advised to file Motion to Vacate. My first Motion to Correct was the right thing to do. It seemed as though the judge reviewed the case and was going to review it, but somewhere along the lines the judge pro tem got involved, and to protect her credibility as a judge, I got tricked into filing this incorrect thing, so i would get denied.
What can I do to recover my losses from the court for tricking me to file something I had no right to file, and then ignoring my original application? Thx.What is the name of your state?