smallclaims101
Junior Member
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!
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!