Appealing as a plaintiff, difficult but not impossible?

[MiguelT]

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

I just had small claims court this morning to sue my ex landlord, and there was a slight issue. The defendant and I were in mediation when the bailiff came out and said that the judge pro tem "didn't want to be there any longer since she was there for free so we had to cut off mediation and go straight to trial."

She was in a really foul mood, so at trial she let the defendant do all of the speaking and presentation of evidence, and didn't allow me to present any evidence at all other than one sheet of paper out of the 40+ that I had. I figured that we'd eventually get back to my side of the issue, but out of nowhere she stated "ok, we're done, I'll take this case into consideration." I literally didn't get to state more than 10% of my case or to present the mountains of evidence in my favor, and I got out about two sentences before she let the landlord rebut them for 5 minutes with fake evidence and then closed the trial. I don't feel that any fair justice at all was done, is there any way that I can file a plaintiff's appeal, or is it pretty much impossible? I figured that we'd at least both get to speak, I'd sat in a few times to research and never saw any case where the judge didn't let both people at least finish presenting their cases...

 

[Zigner]

Come back when you find out if you won or lost.
However, you don't get to appeal as the plaintiff.

 

[chuck126]

Appeal by Plaintiff

Zigner I am curious if what you said: "you don't get to appeal as a Plaintiff" only applies to the state of Cal.? I ask this question because I appealed a small claims Judgment here in Fl. as a Plaintiff and got the case remanded. So I am curious if the law is different in Cal.?
Also here in Fl. if mediation doesn't work out, the mediator notes that in her report and the court then sets the case for a future trial date.

 

[dcatz]

A Calif. SC plaintiff has no right of appeal except as a cross-defendant on a counter-claim (CCP sect. 116.710)
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.710-116.795

And mediation, if done at all, is conducted the same date as the SC hearing. Mediation is not mandated by statute, as it is in FL. Your Rules were amended effective 10/1/08 to allow attorneys to appear on behalf of a party at mediation. In CA, attorneys cannot appear unless they are a party or representing a corporation that is exclusively composed of attorneys. They can appear on behalf of a party for post-judgment proceedings. So, yes, there are differences. There are in other states as well.

 

[chuck126]

No appeals for Plaintiff in Cal.?

If you say so? So much for due process?
What if the Plaintiff had some valid arguable issues for the appellate court to decide? S.O.L.? What options does a plaintiff have in Cal. if a S.C. judgment goes against him/her?
You would think the legal system would operate more efficiently if the rules and statutes were more uniform throughout the states.

 

[dcatz]

So much for due process?

Oh Please! My responses are normally detailed and long enough as it is. I’m not going to debate an issue raised in a hijacked thread nor write a dissertation. You asked a question and got an answer. No appeal for the SC plaintiff is the majority position, with occasional further nuances like “appeal only if the award is lower than the amount claimed” or “appeal only if a surety bond is posted” in still other states.

Due process distills to “fairness”. I’ve read the Fla Sm. Cl. R. and can itemize how they differ from your General Rules, but you’ll have to read those of other states and then start your own thread in the Const. Law forum, if you feel that it only exists in FL. However, before you do, you might want to note the difference between your title rule for General and SC:

FRCP 1.010: These rules shall be construed to secure the just, speedy and inexpensive determination of any action.

SCR 7.010: These rules shall be construed to implement the simple, speedy and inexpensive trial of actions at law in county courts.

It’s an interesting distinction that your legislature chose to make, and that's where to direct your questions about due process.

 

[chuck126]

dcatz:
You seem to be knowledgeable of certain facts and I don't know if your response deserves a reply, but answer these questions:
1] What is the "Oh Please!" about? Sounds like a wahhhh!! to me.
2] "I'm not going to debate an issue raised in a hijacked thread", what's that about? State all your facts and circumstances in support of your/this bogus assertion? Then tell me who's hijacking the thread?
3] When did I ask you to write a dissertation? Your misrepresentation of my post.
4] In your #4 post you state: "A Cal. S.C. Plaintiff has no right of appeal except as a cross Def. on a counter claim." Meaning if the Def. in this case had filed a counterclaim against the OP/Plaintiff and won, the OP/Plaintiff and Def. on the counterclaim has a right to appeal on the counterclaim...correct? I am not arguing the fact that the law is correct or incorrect. I simply stated I thought it was unfair that a Def. could appeal, but not the Plaintiff? Whether a claim or counter claim. If the Judge made errors of law whether against the Plaintiff or Defendant, they both should have the right to address their issues on appeal regardless of the state they live in.
5] "Start your own thread in the const. forum"? Should I read that as in "construction" or "constitution" forum? My crystal ball is broke.
6] Where in my post did I indicate that "it only applies to Fl.?", whatever "it" means to you?
7] The issue of the thread from the OP perspective was and still is: Whether he had/has any options related to an appeal. Same question I asked. I don't know the rules in Cal. pertaining to the Plaintiff's appellate rights and responded with a question relevant to the OP original question and zigners reply. You affirmed zigners reply and I said okay, if you say so? And you are reacting to that??....WAAAAAAAAAAAAAAAAAAAAAA!!!!!!!!!!!
8] I agreed with your post and made a simple innocent statement in my #5 post and one question?, and you have problem with that?
9] Thank's for your input but, I did not ask for a dissertation on the Fl. small claims rules or the general discovery rules available in civil cases here in Fl. I was referring to the Rules of Appellate Procedure and filing a appeal as was the orginal OP/Plaintiff. So it kinda appears that you are looking for an opening to slam me for something that happened in another thread with the "hijack bit", if that is the case, then you know were you can go with that. If you can't respond to a thread without the sarcasm...then don't respond.
The problem with this forum I noted before even posting is a lack of moderators to curb the sarcasm and unneeded and unwarranted comments such as yours in your replies/answers, etc. You want to input fine, you want to get sarcastic and offensive go somewhere else. Go hijack someone else's thread with your own ****.

 

[dcatz]

The lady doth protest too much, methinks.

I gave you a URL that would have answered all of your questions, but you didn’t read or you would have no questions.

If the Judge made errors of law . . . .

But you didn’t ask about a motion for reconsideration or even consider whether there was a record to go forward on appeal. If you can’t articulate a question, you can’t expect an answer.

So it kinda appears that you are looking for an opening to slam me for something that happened in another thread

Are you referring to the thread where you necroposted – twice?
https://forum.freeadvice.com/small-claims-courts-24/florida-aid-execution-help-386733.html
It’s ok. You were wrong both times and only someone from FL will dig that up. If they do, they won’t confuse SC and General Rules and, if they do and something works, they’ll write a year or two later and thank you. Keep watching.

Ronin has questioned your “posts for posterity” and explained why you’re off-track.
https://forum.freeadvice.com/civil-litigation-46/civil-appeal-438248.html
I don’t care enough to bother – yet. I do care about the OPs and I know your knowledge is Florida-centric and you seem to be making no effort to expand it. That’s a problem because your knowledge of your own laws is limited:
https://forum.freeadvice.com/civil-litigation-46/subpoena-duces-tecum-non-party-440755.html

(Pssst. The reason you’re not getting responses to your question is that you screwed up. If you had designated the adverse party properly, you wouldn’t be seeking production from a “non-party”. Back to Square One.)

Actually, the mods do a good job of policing the forums. If you feel that you’re being targeted or that your posts are being denigrated, you should complain and allow them to evaluate. Personally, I invite this thread to be locked, as the OP’s question has been answered and it has now become about you. If I thought that you were misleading or dangerous to the OPs, rather than simply zero, you wouldn’t have to wonder about the tenor of the response. Just stop crying. It’s unbecoming.

 

[MiguelT]

Wow, I've been hijacked

The decision in the case was never mailed to me, so today I had to go to the court to request a copy of it. As I suspected, the judge sided with the plaintiff. I'm aware that appeals are not allowed in CA, but what of this motion for reconsideration that you mentioned above?

The main issue where the judge failed to apply any law to this case is that $250 were charged for changing locks when both parties agreed right in front of her that the keys were returned, and furthermore locks are not a tenant caused damaged. That would be my main point of contention in any state that actually let plaintiffs apeal. Does anyone have any advice? Either way thanks very much to everyone for your time!

But you didn’t ask about a motion for reconsideration or even consider whether there was a record to go forward on appeal. If you can’t articulate a question, you can’t expect an answer.

 

[chuck126]

The lady doth protest too much, methinks.

I gave you a URL that would have answered all of your questions, but you didn’t read or you would have no questions.
So you had the answer why didn't you give it?



But you didn’t ask about a motion for reconsideration or even consider whether there was a record to go forward on appeal. If you can’t articulate a question, you can’t expect an answer.
Yea hey...wheres my crystal ball?



Are you referring to the thread where you necroposted – twice?
https://forum.freeadvice.com/small-claims-courts-24/florida-aid-execution-help-386733.html

It seems your only interested in mocking people.

It’s ok. You were wrong both times and only someone from FL will dig that up. If they do, they won’t confuse SC and General Rules and, if they do and something works, they’ll write a year or two later and thank you. Keep watching.
If you are so grandeur why don't you just answer/correct the mistakes you claim are incorrect, instead of going into your defensive attack mode?


Ronin has questioned your “posts for posterity” and explained why you’re off-track.

I realize your feelings are hurt. Shame on me for visiting this forum!
So I shouldn't ask questions on a freeadvice forum?
https://forum.freeadvice.com/civil-litigation-46/civil-appeal-438248.html

I don’t care enough to bother – yet. I do care about the OPs and I know your knowledge is Florida-centric and you seem to be making no effort to expand it. That’s a problem because your knowledge of your own laws is limited: I guess that applies to every other poster in this forum as well...right.
https://forum.freeadvice.com/civil-litigation-46/subpoena-duces-tecum-non-party-440755.html
I understand, you have all the answers. Thats why I asked you a question, you already researched it, you should have the answer. My legal knowledge is limited to what I know, whether I am right or wrong is another issue. I don't claim to be a know it all, like you. Pssst. like the other poster said to you in another thread: "Get over yourself"! Same deal here.

(Pssst. The reason you’re not getting responses to your question is that you screwed up. If you had designated the adverse party properly, you wouldn’t be seeking production from a “non-party”. Back to Square One.)

PSSSST!..Then if you think you have the answer, why didn't you answer the question where it was asked? Instead of giving your immature, defensive, mocking response you gave here. You give a sarcastic response, but you won't explain your reasoning for your vague answer. Why wouldn't a party seek production from a non-party if he deemed it neccessary to do so?

Actually, the mods do a good job of policing the forums. If you feel that you’re being targeted or that your posts are being denigrated, you should complain and allow them to evaluate. Personally, I invite this thread to be locked, as the OP’s question has been answered and it has now become about you. If I thought that you were misleading or dangerous to the OPs, rather than simply zero, you wouldn’t have to wonder about the tenor of the response. Just stop crying. It’s unbecoming.

Yea right! You want the thread locked after you slam and mock another prose litigant? Get over your self dude. Your response speaks for itself.

 

[chuck126]

The lady doth protest too much, methinks.

I gave you a URL that would have answered all of your questions, but you didn’t read or you would have no questions.

So you had the answer why didn't you give it?



But you didn’t ask about a motion for reconsideration or even consider whether there was a record to go forward on appeal. If you can’t articulate a question, you can’t expect an answer.

Yea hey...wheres my crystal ball?



Are you referring to the thread where you necroposted – twice?
https://forum.freeadvice.com/small-claims-courts-24/florida-aid-execution-help-386733.html

It seems your only interested in mocking people.

It’s ok. You were wrong both times and only someone from FL will dig that up. If they do, they won’t confuse SC and General Rules and, if they do and something works, they’ll write a year or two later and thank you. Keep watching.

If you are so grandeur why don't you just answer/correct the mistakes you claim are incorrect, instead of going into your defensive attack mode?


Ronin has questioned your “posts for posterity” and explained why you’re off-track.

I realize your feelings are hurt. Shame on me for visiting this forum!
So I shouldn't ask questions on a freeadvice forum?
https://forum.freeadvice.com/civil-litigation-46/civil-appeal-438248.html

I don’t care enough to bother – yet. I do care about the OPs and I know your knowledge is Florida-centric and you seem to be making no effort to expand it. That’s a problem because your knowledge of your own laws is limited:

I guess that applies to every other poster in this forum as well...right.
https://forum.freeadvice.com/civil-litigation-46/subpoena-duces-tecum-non-party-440755.html
I understand, you have all the answers. That's why I asked you a question, you already researched it, you should have the answer. My legal knowledge is limited to what I know, whether I am right or wrong is another issue. I don't claim to be a know it all, like you. Pssst. like the other poster said to you in another thread: "Get over yourself"! Same deal here.

(Pssst. The reason you’re not getting responses to your question is that you screwed up. If you had designated the adverse party properly, you wouldn’t be seeking production from a “non-party”. Back to Square One.)

PSSSST!..Then if you think you have the answer to one of my previous questions why didn't you answer the question where and when it was asked in a professional manner? Instead of giving your immature, defensive, mocking response as you gave here? You give a sarcastic response, but you won't explain your reasoning for your vague answer. Why wouldn't a party seek production from a non-party if he deemed it necessary to do so?

Actually, the mods do a good job of policing the forums. If you feel that you’re being targeted or that your posts are being denigrated, you should complain and allow them to evaluate. Personally, I invite this thread to be locked, as the OP’s question has been answered and it has now become about you. If I thought that you were misleading or dangerous to the OPs, rather than simply zero, you wouldn’t have to wonder about the tenor of the response. Just stop crying. It’s unbecoming.

Your hi-jacking my words...wahhhhh!!!

Yea right! You want the thread locked after you slam and mock another prose litigant in a free advice forum? Get over your self dude. Your response speaks for itself.

 

[chuck126]

The lady doth protest too much, methinks.

I gave you a URL that would have answered all of your questions, but you didn’t read or you would have no questions.
So you had the answer why didn't you give it?



But you didn’t ask about a motion for reconsideration or even consider whether there was a record to go forward on appeal. If you can’t articulate a question, you can’t expect an answer.
Yea hey...wheres my crystal ball?



Are you referring to the thread where you necroposted – twice?
https://forum.freeadvice.com/small-claims-courts-24/florida-aid-execution-help-386733.html

It seems your only interested in mocking people.

It’s ok. You were wrong both times and only someone from FL will dig that up. If they do, they won’t confuse SC and General Rules and, if they do and something works, they’ll write a year or two later and thank you. Keep watching.
If you are so grandeur why don't you just answer/correct the mistakes you claim are incorrect, instead of going into your defensive attack mode?


Ronin has questioned your “posts for posterity” and explained why you’re off-track.

I realize your feelings are hurt. Shame on me for visiting this forum!
So I shouldn't ask questions on a freeadvice forum?
https://forum.freeadvice.com/civil-litigation-46/civil-appeal-438248.html

I don’t care enough to bother – yet. I do care about the OPs and I know your knowledge is Florida-centric and you seem to be making no effort to expand it. That’s a problem because your knowledge of your own laws is limited: I guess that applies to every other poster in this forum as well...right.
https://forum.freeadvice.com/civil-litigation-46/subpoena-duces-tecum-non-party-440755.html
I understand, you have all the answers. Thats why I asked you a question, you already researched it, you should have the answer. My legal knowledge is limited to what I know, whether I am right or wrong is another issue. I don't claim to be a know it all, like you. Pssst. like the other poster said to you in another thread: "Get over yourself"! Same deal here.

(Pssst. The reason you’re not getting responses to your question is that you screwed up. If you had designated the adverse party properly, you wouldn’t be seeking production from a “non-party”. Back to Square One.)

PSSSST!..Then if you think you have the answer, why didn't you answer the question where it was asked? Instead of giving your immature, defensive, mocking response you gave here. You give a sarcastic response, but you won't explain your reasoning for your vague answer. Why wouldn't a party seek production from a non-party if he deemed it neccessary to do so?

Actually, the mods do a good job of policing the forums. If you feel that you’re being targeted or that your posts are being denigrated, you should complain and allow them to evaluate. Personally, I invite this thread to be locked, as the OP’s question has been answered and it has now become about you. If I thought that you were misleading or dangerous to the OPs, rather than simply zero, you wouldn’t have to wonder about the tenor of the response. Just stop crying. It’s unbecoming.

Yea right! You want the thread locked after you slam and mock another prose litigant? Get over your self dude. Your response speaks for itself.

 

[Zigner]

Wow, I've been hijacked

The decision in the case was never mailed to me, so today I had to go to the court to request a copy of it. As I suspected, the judge sided with the plaintiff. I'm aware that appeals are not allowed in CA, but what of this motion for reconsideration that you mentioned above?

The main issue where the judge failed to apply any law to this case is that $250 were charged for changing locks when both parties agreed right in front of her that the keys were returned, and furthermore locks are not a tenant caused damaged. That would be my main point of contention in any state that actually let plaintiffs apeal. Does anyone have any advice? Either way thanks very much to everyone for your time!

If you mean that the judgment was for the DEFENDANT, then you have no further recourse.

If you mean that the judgment was for the PLAINTIFF, then quit yer bitchin...

 

[Ohiogal]

If you mean that the judgment was for the DEFENDANT, then you have no further recourse.

If you mean that the judgment was for the PLAINTIFF, then quit yer bitchin...

Psst... I have No IDEA why this thread was revisited since it was started and OP last posted 12/08/2008. And then some started going back and forth this morning.

WHY?

 

[Zigner]

Psst... I have No IDEA why this thread was revisited since it was started and OP last posted 12/08/2008. And then some started going back and forth this morning.

WHY?

Dang! Chuckie necroposted and I didn't catch it.