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Figuring out what the judge's behavior meant

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bigpatdave

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

I sued an ex-landlord for retaining the deposit and adding in yet more cleaning charges. I think I performed well as plaintiff and the judge practically got the landlords to admit that they missed the 21 Day deadline, and that they failed to allow us to be in the residence at the time of the final walk-through. Outrageous. I was fully expecting a favorable judgment (there is no way our evidence didn't predominate) but the judge gave back our folder (exhibits, evidence, etc) and asked the defendants if he could read their stuff and then shred it. "No problem" they said. He said it would be "more helpful." :confused:

At the time, I froze because I wanted to be deferential. But it is causing a lot of anxiety as we wait for word from the court.....is it possible or likely that he only wanted it to see their folder because he wanted to see if there was anything in it that countered what I said? These people lied during the hearing, and the folder they gave him was THICK with BS that our folder contradicted. Frustrating! Any pearls of wisdom from folks who've been through the waiting game from hell?What is the name of your state (only U.S. law)?
 


sandyclaus

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

I sued an ex-landlord for retaining the deposit and adding in yet more cleaning charges. I think I performed well as plaintiff and the judge practically got the landlords to admit that they missed the 21 Day deadline, and that they failed to allow us to be in the residence at the time of the final walk-through. Outrageous. I was fully expecting a favorable judgment (there is no way our evidence didn't predominate) but the judge gave back our folder (exhibits, evidence, etc) and asked the defendants if he could read their stuff and then shred it. "No problem" they said. He said it would be "more helpful." :confused:

At the time, I froze because I wanted to be deferential. But it is causing a lot of anxiety as we wait for word from the court.....is it possible or likely that he only wanted it to see their folder because he wanted to see if there was anything in it that countered what I said? These people lied during the hearing, and the folder they gave him was THICK with BS that our folder contradicted. Frustrating! Any pearls of wisdom from folks who've been through the waiting game from hell?What is the name of your state (only U.S. law)?
The judge is obligated to look at any relevant evidence that both sides may have in presenting/defending their case. I don't see any problem with the judge requesting this information. More to the point, I don't understand what YOUR problem is with the judge seeing their evidence, either.

The defendants DID show you their evidence in that folder before the hearing, right? Because one point I would have made if they didn't was that they had failed to produce their evidenciary documents for you to review (as you have the right to do).

After all of that, what was the outcome of the case anyway?
 

bigpatdave

Junior Member
Reply

Thanks for the reply. Well, of course I have no objections to the judge looking at the evidence from both sides. I never said otherwise. My problem is with the judge TAKING their "evidence" folder home with him and LEAVING ours with us. Why would he do that? Why would he describe it as "more helpful." This is what I was asking the forum. If he reads a bunch of their deceptions in that folder, he doesn't have ours to compare it against. There were a half dozen outright lies in their exhibit folder. But the pro tem judge left the courtroom intending to review only one side of the story. If he took only our folder, sure I'd wonder why, but I'd be thrilled, too, because I'd know he's reading the truth. The defendants no doubt left the hearing feeling triumphant. That was Thurs. We are still waiting. In a swamp of anxiety.
 

bigpatdave

Junior Member
What's driving me mad is that he could have taken both folders, easy. I'm sure he WAS looking for something in particular. Yes. But if enough time rolls by as he does this, his memory may fade on the concrete facts of our side of the events. I did catch a few small claims hearings the week before, and noticed that the vast majority of cases were won by the plaintiffs. It seems less than likely that someone would spend the money/time/energy and file a small claim suit if their case is shaky or frivolous. I'm trying to let go and let God, but MAN the wait is killing my wife and I.

All I was asking s whether this "take one side's folder and leave the other" indicates anything untoward or whether I'm simply overanalyzing.

Thanks!
 

CourtClerk

Senior Member
What's driving me mad is that he could have taken both folders, easy.
He could have done a million different things, but he doesn't have to do one thing or another to pacify you.
I'm sure he WAS looking for something in particular. Yes. But if enough time rolls by as he does this,
Here's what you don't know. Most cases are decided before they go to sleep that night.
All I was asking s whether this "take one side's folder and leave the other" indicates anything untoward or whether I'm simply overanalyzing.
Well, the mere fact that you've posted this on at least 2 boards, where we all read the same things means to me that you need to calm down a little bit. What's done is already done - and if you lose, no, you can't appeal.
 

CourtClerk

Senior Member
And what makes you think he can't appeal?
Judgments are final as to the plaintiff in small claims actions... so says the California Civil Code of Procedure.

That's what makes me think he can't appeal. Why? Is there something that has changed in the last 2 hours that I don't know about?
 
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CourtClerk

Senior Member
What makes you think he can? :confused::confused:

ETA: nm. What CC said.
I'm waiting... maybe something DID change after I left work. Stranger things have happened. They changed the government code while I was asleep to allow the courts to close for furloughs... Then when they changed it back, I was asleep again.:eek:
 

Proserpina

Senior Member
I'm waiting... maybe something DID change after I left work. Stranger things have happened. They changed the government code while I was asleep to allow the courts to close for furloughs... Then when they changed it back, I was asleep again.:eek:


...and, Mercury is still retrograde...
:cool:
 

CourtClerk

Senior Member
Phewww.... I just checked. Nothing changed while I was on the freeway.

116.710. (a) The plaintiff in a small claims action shall have no
right to appeal the judgment on the plaintiff's claim
, but a
plaintiff who did not appear at the hearing may file a motion to
vacate the judgment in accordance with Section 116.720.
I still got it ;)
 

Proserpina

Senior Member
you know that's been my excuse for everything lately at work... lol

I think tomorrow I'll go around the building screaming "Mercury's in retrograde!!!" again. That made people laugh.


(You've still got it? Well duh...!) :D

I've blamed SpongeBob for much, of late.

And you, actually. :p
 

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