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in what circumstances can a plantiff appeal a small claims judgement

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P

pious1

Guest
I had an automotive repair suit against a transmission shop because repairs were not done correctly,some parts that I was charged for were not installed, and I was way over charged for things that were never authorized.
I had pictures to show broken parts etc....
and I stated my case throughly to the judge. the defendant had lied about most things and changed the story considerably. The judge took it under submission and sent a ruling 2 weeks later stating"the judgement is against the plantiff and for the defendant", and no reasons were given.
After this I contacted the B.A.R and they found items that were inconsistant but said since a ruling had been made they could not help me.
Can I appeal this in any way? My truck has needed constant repairs and it seems that I paid $6000.00 for nothing.

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I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by pious1:
I had an automotive repair suit against a transmission shop because repairs were not done correctly,some parts that I was charged for were not installed, and I was way over charged for things that were never authorized.
I had pictures to show broken parts etc....
and I stated my case throughly to the judge. the defendant had lied about most things and changed the story considerably. The judge took it under submission and sent a ruling 2 weeks later stating"the judgement is against the plantiff and for the defendant", and no reasons were given.
After this I contacted the B.A.R and they found items that were inconsistant but said since a ruling had been made they could not help me.
Can I appeal this in any way? My truck has needed constant repairs and it seems that I paid $6000.00 for nothing.

<HR></BLOCKQUOTE>


My response:

In California, the Plaintiff in a Small Claims action cannot appeal. Only a defendant may (but it's called a "Trial de Novo" or New Trial, held in the Appellate Department of the Superior Court). Such trial starts the litigation all over again, and the Small Claims action is treated as if it never happened. But, again, only a losing defendant may appeal, not a losing Plaintiff. When a Plaintiff loses in Small Claims court, the issue is over forever and cannot be relitigated, Sorry.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited August 10, 2000).]
 

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