Small Claims Appeal...bad faith?

[smallclaims101]

What is the name of your state? California

I am going into a small claims appeal as the plaintiff and I believe that the defendent has appealed in bad faith. It is a landlord/tenant security deposit dispute. My ex-landlord has no evidence to offer in the case as there was no written lease involved so he can only be appealing because he is hoping I will forget and drop the case, or he is trying to draw out the process.

I know that this is not allowed and that I can be awarded up to $1000 attorney fees and $1000 travel fees if it is a "bad faith" appeal. How do I prove to the new judge that this is the case? Can I mention that he has no different evidence than he had in the first trial? Say I am not expending any money to appear, is there anything else that I can get him on for wasting my time? Also, are we arguing for the original amount that I sued for, or the amount that the first judge awarded?

Thanks!

[JETX]

Originally Posted by smallclaims101

I know that this is not allowed and that I can be awarded up to $1000 attorney fees and $1000 travel fees if it is a "bad faith" appeal. How do I prove to the new judge that this is the case?

Sorry, but you're not correct.
Assuming this is a small claims case.... the party can appeal with, or without, any real reason. Very common when one party feels that the court ruling wasn't fair. The process is much more complex in a 'real' (higher) court of record.

Can I mention that he has no different evidence than he had in the first trial?

You can mention anything you want.... as an appeal from small claims is usually a 'trial de novo', meaning a 'new trial' as if the first never happened.
[url]http://www.uslegalforms.com/lawdigest/legaldefinitions.php/trial_de_novo.htm[/url]

Say I am not expending any money to appear, is there anything else that I can get him on for wasting my time?

Nope. And you can't 'get him' on that either. After all, he has the same right to appeal as anyone else.

Also, are we arguing for the original amount that I sued for, or the amount that the first judge awarded?

The original case filing is used for the new trial.

[stephenk]

you are entitled to your court costs. you are also entitled to time missed from work up to $150.