How to obtain the documents presented to the judge

[nishtiak]

How to obtain the documents that plaintiff presented to the judge in the California small court after the 30 days for appeal expired?

 

[FlyingRon]

How to obtain the documents that plaintiff presented to the judge in the California small court after the 30 days for appeal expired?

What makes you think you are entitled to them?
If you're going to file another court case, subpoena them from whoever has them (plaintiff).

 

[John_DFW]

I can't speak specifically to CA, but generally you make a written request to the clerk of the court with the case number and they will make copies for you. There is usually a nominal charge for the copies.

You should inquire with the court clerk if this is indeed the correct procedure.

If it is past the timeline to appeal, what good will obtaining the documents do?

 

[nishtiak]

Thanks for your feedback. I am one of defendants and I was looking to obtain documents before the appeal deadline but plaintiff was less cooperative. There is a suspicion on my side that plaintiff obtained overpriced estimates for damages and paid unjustifiable premium to contractors knowing that I would have to pay. The background of this case is following: I have a low-income tenant that is on housing assistance program. Her son caused a water leak that damaged the ceiling and a section of eliminated floor in the unit below. Since I didn't have at the time the liability insurance neither tenant, I have to pay for the cost of water damage repair. A. I want to know the details for what I am paying almost $6K B. I want to make sure that I am not getting ripped off. Thanks again for your feedback and opinion.

 

[Zigner]

It doesn't matter if you think you are getting ripped off. You have no grounds to demand the information. You can attempt to get it from the file, but even if you believe the numbers are hyper-inflated, it's a moot point. You have a judgement against you and you are beyond the time to appeal it. The time to object to the information presented was during the trial, or within the applicable appeal time-frame.

 

[dcatz]

While the responses from both Zigner and FlyingRon are pertinent to your question, even if you weren’t time-barred for appeal, there is a more basic reason that you won’t accomplish anything through the court: most courts return all exhibits and other documentary evidence to the parties at the conclusion of the case (viz. the court has nothing for you to purchase, copy etc.). When there is an appeal to the superior court, the parties must bring their evidence and reintroduce it at that trial, and you noted that an appeal is not even an issue. There is no mandate to retain/store small claims evidence.

This practice relieves the court of the burden of storing the evidence (which would otherwise be the responsibility of the clerk) and reduces the volume of documents that would have to be transferred to the superior court in the event of appeal.

Even if, hypothetically, the court wished to review a complex document or there was some similar situation which prompted the bench officer to retain evidence, “take a case under submission” and not rule at the conclusion of the hearing, the common practice would either be to make a (disposable) copy and return the original to the party offering the evidence or, if that was not feasible, to tell the party to return to court to “pick it up [within a matter of days] or it will simply be destroyed”. People tend not to return and, even if you saw a document retained, it’s not there 30+ days later.

 

[davidmcbeth3]

You have no grounds to demand the information..

Assuming the stuff exists, every citizen has grounds to demand the information. You need no grounds at all ... courts are open forums (except for secret courts-rare exception).

We all have the right to know how our judge's reasoning skills are..we elect many of them.

 

[Zigner]

Assuming the stuff exists, every citizen has grounds to demand the information. You need no grounds at all ... courts are open forums (except for secret courts-rare exception).

We all have the right to know how our judge's reasoning skills are..we elect many of them.

More drivel

 

[davidmcbeth3]

More drivel

Finally, you admit your last post was drivel. Thanks ::