Need help with a Small claims appeal.

[FrankAnderson]

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

I recently lost a lawsuit in small claims for 7500 dollars. I was sued by my old landlord who said we ruined her carpet and said it would cost $7200 to replace based on an estimate. The carpet originally cost around $4500 but she sued for the amount of $7200, with fees and everything came out to around $7500 and some how managed to win. My question is, would it be a good idea for me to appeal based on I feel it wasn't fair she was awarded an amount that far exceeded what she originally paid for the carpet oringinally? Any additional information on the appeal process would be great as well.

[Proserpina]

Originally Posted by FrankAnderson

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

I recently lost a lawsuit in small claims for 7500 dollars. I was sued by my old landlord who said we ruined her carpet and said it would cost $7200 to replace based on an estimate. The carpet originally cost around $4500 but she sued for the amount of $7200, with fees and everything came out to around $7500 and some how managed to win. My question is, would it be a good idea for me to appeal based on I feel it wasn't fair she was awarded an amount that far exceeded what she originally paid for the carpet oringinally? Any additional information on the appeal process would be great as well.

See if this can help:

[url=http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm#appealdec]California Courts: Self-Help Center: Small Claims: Small Claims Basics[/url]

[FrankAnderson]

I've read that, looked like i should but I was wondering how valid is my claim. Is it common for the court to order payment for damaged property that far exceeds the original purchase price. It's carpet, so its not like a house that would appreciate in value.

[Proserpina]

Originally Posted by FrankAnderson

I've read that, looked like i should but I was wondering how valid is my claim. Is it common for the court to order payment for damaged property that far exceeds the original purchase price. It's carpet, so its not like a house that would appreciate in value.

The petitioner can ask for an amount necessary to replace the item and will not necessarily be limited to the original purchase price.

When you received the summons did you obtain and submit your own estimates?

[FrankAnderson]

Originally Posted by Dogmatique

The petitioner can ask for an amount necessary to replace the item and will not necessarily be limited to the original purchase price.

When you received the summons did you obtain and submit your own estimates?

No I didn't, maybe thats why the judge had no choice to use her estimates. Its hard for us to get an estimate though because we don't know the square footage.

[Proserpina]

Originally Posted by FrankAnderson

No I didn't, maybe thats why the judge had no choice to use her estimates. Its hard for us to get an estimate though because we don't know the square footage.

The square footage of your apartment shouldn't be difficult to find out....call 'em and ask. You don't necessarily have to tell them who you are to obtain this information.

Essentially though yes, the judge had little option. You offered nothing to counter the plaintiff's claims.

[Zigner]

This is merely a case of the Defendant going to court totally unprepared. The LL is NOT entitled to "replacement cost" of the carpet, as was mentioned above. The LL is ONLY entitled to the depreciated value of the carpet.

OP - lucky for you, you can appeal this with little to no fuss. You get a new trial and the person hearing the case won't even know the outcome of the prior case. See http://www.courtinfo.ca.gov/selfhelp/smallclaims/appeal.htm for more information.

[FrankAnderson]

Originally Posted by Zigner

This is merely a case of the Defendant going to court totally unprepared. The LL is NOT entitled to "replacement cost" of the carpet, as was mentioned above. The LL is ONLY entitled to the depreciated value of the carpet.

OP - lucky for you, you can appeal this with little to no fuss. You get a new trial and the person hearing the case won't even know the outcome of the prior case. See [url=http://www.courtinfo.ca.gov/selfhelp/smallclaims/appeal.htm]California Courts: Self-Help Center: Small Claims: What to Do If You Are Being Sued: Appeal Your Judgment[/url] for more information.

You are saying LL is not entitled to the replacement cost, and another poster said he is, so which is it?

Can it hurt too much to appeal? Is the worse I can be subjected to is added interest on top? Assuming I know plantiff is not going to hire a lawyer (therefore those fees cannot be charged)?

[Proserpina]

Originally Posted by Zigner

This is merely a case of the Defendant going to court totally unprepared. The LL is NOT entitled to "replacement cost" of the carpet, as was mentioned above. The LL is ONLY entitled to the depreciated value of the carpet.

OP - lucky for you, you can appeal this with little to no fuss. You get a new trial and the person hearing the case won't even know the outcome of the prior case. See [url=http://www.courtinfo.ca.gov/selfhelp/smallclaims/appeal.htm]California Courts: Self-Help Center: Small Claims: What to Do If You Are Being Sued: Appeal Your Judgment[/url] for more information.

Well heck - I'm (usually...well, at least more often than not) the first to admit when I'm wrong.

And OP, it would appear that I am indeed wrong on this one, although I do have some personal confusion with the answer and that may stem from my personal experience which involved the replacement of the entire apartment carpeting - yes, it was one of those - and the associated cost of replacing carpeting at today's prices vs. cost of replacing carpeting at the original cost.

(And in mitigation I did supply the same internet link ).

OP, my sincere apologies.

[FrankAnderson]

Originally Posted by Dogmatique

Well heck - I'm (usually...well, at least more often than not) the first to admit when I'm wrong.

And OP, it would appear that I am indeed wrong on this one, although I do have some personal confusion with the answer and that may stem from my personal experience which involved the replacement of the entire apartment carpeting - yes, it was one of those - and the associated cost of replacing carpeting at today's prices vs. cost of replacing carpeting at the original cost.

(And in mitigation I did supply the same internet link ).

OP, my sincere apologies.

Wow really, than why would the judge order me to pay for her estimates even though the original carpet price was documented. Is everyone sure that its abnormal to pay for a high estimate? Do you think its a good idea to go with the appeal?

[Gail in Georgia]

Because you walked into court totally unprepared to present your side of the lawsuit.

File an appeal, get an estimate of the size of the rental unit, the cost of replacing a carpet and depreciate this amount based on the age of the original carpet. Generally the life of a rental carpet is estimated to be 5 to 7 years.

Gail

[Zigner]

Originally Posted by Gail in Georgia

Because you walked into court totally unprepared to present your side of the lawsuit.

File an appeal, get an estimate of the size of the rental unit, the cost of replacing a carpet and depreciate this amount based on the age of the original carpet. Generally the life of a rental carpet is estimated to be 5 to 7 years.

Gail

The only thing I can add is this: If you have PROOF of what the LL originally paid for the carpet, then you should be able to use THAT value and deduct the depreciation.

[BL]

I'd suggest sitting in on a few cases in the courtroom and get to know how the cases are heard and presented and the Judges demeanor .

Get your proofs in order and practice your presentation to yourself .

It doesn't always go the way you planned however .The Judge may interrupt and ask question .

Be prepared to be quiet if the Judge does ,do not interrupt , and don't get nervous and sidetracked .

Prove the LL is not entitled to the amount he/she seeks .

[FrankAnderson]

Thanks for everyones advice, at first I wasn't considering to appeal but now I think it is a must.

As to the estimates, the judge actually did have the estimates as well as a receipt to the original price of the carpet yet the judge still did issue the full amount of estimate rather than carpet.

[rhinocl]

Send the LL a letter stating that you know they are only entitled to the depreciated cost and offer to settle for that instead of appealing.