Small Claims Appeal / Trial de Novo *tomorrow*!

[Plaintiff in Ca]

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

Hi there, I am a plaintiff who was awarded the full amount that I asked for in my Small Claims trial earlier this year. The defendant has appealed and intends to bring his attorney at our upcoming trial. I have a few questions regarding how to proceed.


A little about my case: Not only did the defendant fail to pay me wages for work that I had completed in the time that I knew him, he also stole my identity and tried to open up credit cards with my likeness without my permission (used my SSN, forged my signature, etc). A police report has been filed and that is currently under investigation.

I sued him for those wages as well as interest on the unpaid wages, as well as money for time spent on fixing the negative repercussions having to do with having my identity compromised. For example, I sued him for the monthly fees of an Identity Protection Plan beginning with the month he attempted to use my SSN, through my first court date.

I was awarded the full amount.

Now I have a few questions about the trial de novo that I would appreciate any help on, and if possible, within the next 15 hours!

1) Can I add to the amount I originally asked for? Now that almost 6 months have passed since the original date (the defendant has postponed *a few* times) may I add the interest on the unpaid wages that accrued in those 6 additional months? Same question goes for the Protection Plan costs over the last 6 months?

2) Can I add any fees I spent on legal advice that I received after the original trial? If so, do I add this to my total amount now, or is there a form I fill out later that would allow these "costs" to be added later by the judge?

3)Same question for flying out a witness for the new trial. Can I add the amount for airfare to the amount I am asking for that I bring to court, or is this added later, where 'filing fees' etc might be added?

4) Can I add an amount for time spent wasted/preparing for this new trial? (I do feel the defendant is possibly appealing in bad faith, as I have no idea what he can possibly present to the court this time around. I do know that he appealed mainly so he could have his lawyer represent him - but in what regard I do not know)

5) Can I bring a witness that I did not originally bring to the original SC trial?

Phew I think that is it for now. I look forward to hearing from you and please forgive my lack of expertise.

If anything is unclear please let me know, as I will be checking for responses continuously over the next 15 hours. Thank you in advance!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[sandyclaus]

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

Hi there, I am a plaintiff who was awarded the full amount that I asked for in my Small Claims trial earlier this year. The defendant has appealed and intends to bring his attorney at our upcoming trial. I have a few questions regarding how to proceed.


A little about my case: Not only did the defendant fail to pay me wages for work that I had completed in the time that I knew him, he also stole my identity and tried to open up credit cards with my likeness without my permission (used my SSN, forged my signature, etc). A police report has been filed and that is currently under investigation.

I sued him for those wages as well as interest on the unpaid wages, as well as money for time spent on fixing the negative repercussions having to do with having my identity compromised. For example, I sued him for the monthly fees of an Identity Protection Plan beginning with the month he attempted to use my SSN, through my first court date.

I was awarded the full amount.

Now I have a few questions about the trial de novo that I would appreciate any help on, and if possible, within the next 15 hours!

1) Can I add to the amount I originally asked for? Now that almost 6 months have passed since the original date (the defendant has postponed *a few* times) may I add the interest on the unpaid wages that accrued in those 6 additional months? Same question goes for the Protection Plan costs over the last 6 months?

2) Can I add any fees I spent on legal advice that I received after the original trial? If so, do I add this to my total amount now, or is there a form I fill out later that would allow these "costs" to be added later by the judge?

3)Same question for flying out a witness for the new trial. Can I add the amount for airfare to the amount I am asking for that I bring to court, or is this added later, where 'filing fees' etc might be added?

4) Can I add an amount for time spent wasted/preparing for this new trial? (I do feel the defendant is possibly appealing in bad faith, as I have no idea what he can possibly present to the court this time around. I do know that he appealed mainly so he could have his lawyer represent him - but in what regard I do not know)

5) Can I bring a witness that I did not originally bring to the original SC trial?

Phew I think that is it for now. I look forward to hearing from you and please forgive my lack of expertise.

If anything is unclear please let me know, as I will be checking for responses continuously over the next 15 hours. Thank you in advance!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

You should know that an appeal for a small claims case, or trial de novo, is NOT an entirely new trial. All it is is an appeal from the losing plaintiff to get the evidence already presented in the first trial re-assessed and hope to get the judgment reversed as a result. You cannot introduce any NEW evidence, only re-present the evidence you used in the first trial, and the same goes for the defendant.

You MAY be able to ask for re-consideration on the amount of damages to include additional costs you didn't have between the date of the original judgment award and now, and most judges will allow for interest on the original judgment to accrue at a legal rate of 10% per annum until the entire amount is satisfied.

 

[FlyingRon]

Huh Sandy? A trial de NOVO, is a new trial. It starts from scratch. That's what it means. It isn't a review of the previously submitted evidence like a normal appeal is. In California, this starts over in regular Superior court (regular civil case, not small claims). As informal as small claims was, the normal rules generally apply in superior court. A lawyer is often well advised.

To answer the original questions:

Yes, you can increase the damage demand to cover the additional time lapsed.
Unless you have direct paid legal counsel, whatever "advice" you got isn't likely to qualify as legal fees. You may or may not be able to claim expenses for your witness (you can always ask).
No you can not bill for YOUR time "wasted" or otherwise exerted in preparing the case.
Yes, you can bring new witnesses.

What you have hear is NOT an appeal, but a new trial as if the other one never happened. Every salient point you made in the old trial, evidence, and witness testimony, needs to be made again. You can't refer back to the original.