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small claims appeal

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dvayser

Junior Member
What is the name of your state? CA
I was involoved in a small claims suit against my HOA and I won. Attorney for the HOA filed an appeal in Superior court, that got dismissed twice, once because the actual attorney didn't show up. Instead someone else was sent on her behalf to file for continuance. Second time was because of she claimed prejudice against her and asking for a new judge. And now a new, third, motion was filed by the attorney, to petition for rehearing or application for certification for transfer to the court of appeal. This time she submitted very defamatory statements, complete lies about me. My question is how many times will this attorney try to appeal this case and secondly can I do something about these lies that she is spreading about me by filing a defamation of character suit?
Greatly appreciate your advice
 


JETX

Senior Member
dvayser said:
My question is how many times will this attorney try to appeal this case
Until she gets tired... or the court finds her a 'vexious litigant'.

and secondly can I do something about these lies that she is spreading about me by filing a defamation of character suit?
Yes. Get about $10,000 together. Pay it to an attorney to review your claim and pursue litigation (if appropriate). Hint: It isn't.
 

dvayser

Junior Member
Thank you for your prompt reply. So there is no end point to this case even after a jugement was rendered in my favor and after 2 appeal dissmisals? She can go on forever unless the judge determines that she is malicious in her actions? Is there any recourse that I can take against her if she drags me to court for hearings and I have to take time off from work? Can I counter appeal or counter sue her for what she is doing?
Thank you for you advice
 

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