Small Claims court

[graffarid]

Hi, I'm in California state in Los Angeles country.
Recently I was taken to the small claims court by the local trash container company that i rented trash container from. They were claiming that the container reached the weight limit and were seeking for an extra $$$. After they have lost the small claims court they now sending me a letter saying that they are planning to take me to Superior Court. Can the do that? I was told that plaintiff can not appeal the case or can not go the higher level court. Can someone tell me if they really can sue me again or no?

thanks!

 

[JETX]

Recently I was taken to the small claims court by the local trash container company that i rented trash container from. They were claiming that the container reached the weight limit and were seeking for an extra $$$. After they have lost the small claims court they now sending me a letter saying that they are planning to take me to Superior Court. Can the do that?

Read the information at:
http://www.occourts.org/locforms/l1177.pdf

 

[graffarid]

Read the information at:
http://www.occourts.org/locforms/l1177.pdf

Thanks for the info. I just read it and not sure if I correctly understand the fact about filing a motion to vacate the judgment. Can you please explain?

 

[JETX]

Thanks for the info. I just read it and not sure if I correctly understand the fact about filing a motion to vacate the judgment. Can you please explain?

A 'motion to vacate' can be filed with the court. The most common case is where a judgment was rendered against a party that was improperly served, or some other impropriety that affects the judgment rendered.

 

[I AM ALWAYS LIABLE]

Hi, I'm in California state in Los Angeles country.
Recently I was taken to the small claims court by the local trash container company that i rented trash container from. They were claiming that the container reached the weight limit and were seeking for an extra $$$. After they have lost the small claims court they now sending me a letter saying that they are planning to take me to Superior Court. Can the do that? I was told that plaintiff can not appeal the case or can not go the higher level court. Can someone tell me if they really can sue me again or no?

thanks!

My response:

What was the date of the judgment; i.e., What date did the judge sign the judgment?

Yes, the trash company has 30 days within which to file a Request for Trial de Novo, which is a new hearing. The case starts again, fresh, as if nothing happened in the Small Claims Court. The new hearing is held in the Appellate Department of Superior Court.

Now, has the trash company served you with a Trial de Novo?

IAAL

 

[stephenk]

IAAL, the poster was the defendant and won. the plaintiff cannot appeal an adverse decision in small claims court.

If the trash company sues him again for the same $$ they had previously sued on in Small Claims court all he has to do is demurrer to the complaint under res judicata.

Here is the advice from the LA County Small Claims Court Advisor site:

CAN I APPEAL THE CASE IF I LOSE?


If the plaintiff, the person who is suing, loses the case, he may not appeal the judgment. Only the defendant, the person being sued, has the right to appeal if he loses

 

[graffarid]

IAAL, the poster was the defendant and won. the plaintiff cannot appeal an adverse decision in small claims court.

If the trash company sues him again for the same $$ they had previously sued on in Small Claims court all he has to do is demurrer to the complaint under res judicata.

Here is the advice from the LA County Small Claims Court Advisor site:

CAN I APPEAL THE CASE IF I LOSE?


If the plaintiff, the person who is suing, loses the case, he may not appeal the judgment. Only the defendant, the person being sued, has the right to appeal if he loses

This is exactly what I'm have heard from several parties I just wanted to clarify that.
Section 116.710 of the California Code of Civil Procedure
The plaintiff in a Small Claims action shall have no right to appeal the judgment on the plaintiff’s claim,

 

[I AM ALWAYS LIABLE]

My response:

Ooops! I zigged, when I should have zagged!

Thanks for the kick in the ass, Stephen.

IAAL

 

[stephenk]

no problem.

 

[dumpsterfire]

Garbage companies are trash

What is it with that business?
It seems like garbage companies will go to any measures imaginable to get another hundred bucks out of you, even when they have been proven completely in the wrong.

I had a garbage company bill me for a fire in a dumpster that was on a public road in front of my house. See my post:
https://forum.freeadvice.com/archive/index.php/t-219219.html

Now the stupid losers are taking me to small claims court. I don't know how they expect to win. I suppose that they just send one of their minimum wage employees down to the courthouse and hope I get stuck in traffic or forget to show up. To them, it's like going to the casino.

 

[JETX]

Now the stupid losers are taking me to small claims court. I don't know how they expect to win. I suppose that they just send one of their minimum wage employees down to the courthouse and hope I get stuck in traffic or forget to show up. To them, it's like going to the casino.

Hell, you have crapped all over your own thread.... now you are trying to spread it to others.
Go to court. The judge will let you know whether you win, or not.