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Judge violated my constitutional rights and showed bias in small claims case

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What is the name of your state?California
I was the plaintiff in a small claims case. At trial I provided my evidence and everything was going good then the defendant shows the judge some pictures that had absolutely nothing to do with the case, they were from like 8 years prior. It was of a meth pipe, the judges whole demeanor changed he and the bailiff looked at each other in disgust he told me that I could no longer speak that I couldnt be believed and refused to let me participate in the rest of the trial. I had evidence and witnesses that could prove she was lying but was not allowed to participate. Even with the defendant admitting she had some of my belongings and that she did take money off my debit card the judge still ruled in her favor. Court was at 1:30 there was 1 case in front of mine which lasted approximately 20 min, mine lasted maybe 15 the judge called for a recess and left the courtroom visibly upset. On the escalator down there were 2 men who approached me and my 2 friends stating that they hope i get her that she was obviously lying and what the judge did to me was wrong, they were from a big jewelry store and had a case that day. The judge who I thought presided over the case turned out not to be the judge who actually heard the case, I didnt find out this until a few days later when I was preparing a Writ. The judge turned out to be a former deputy district attorney with a 100% conviction rate and has prosecuted many drug cases. So because i used to do drugs my constitutional rights were denied. I filed a Writ and was denied for the reason that I was a plaintiff in the case and couldnt get another trial. I also got a letter from another judge stating that she would do an investigation, which I seriously doubt. The appellate court never acknowledged that my rights were violated. I would like to know is there a court I can petition to? my claim was for $10,000. I dont even care about the money now, I'm enraged and disgusted how I was treated. He should not have a seat in our judicial system. When i filed for the writ the clerk who worked there for 13 years didnt know how to file it, none of them did because no one has ever filed against a judge. The clerk commended me for what I was doing and said more people should stand up for themselves. When I told her what the 2 men had said to me she looked up the courtdate and said they never showed up to court that day so I'm assuming after the break they never went back in, the probably didnt want their case heard by him. I just really want to know what my options are now, there has to be another court I could petition to.




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adjusterjack

Senior Member
Was this an ex-girlfriend that you sued?

Did you actually have $10,000 in monetary damages or did you just sue for the maximum allowed in small claims court?

You mention the appellate court. Did you file an appeal? That's a whole different ball game.

I just really want to know what my options are now, there has to be another court I could petition to.
You should be talking to a lawyer about that.
 
Was this an ex-girlfriend that you sued?

Did you actually have $10,000 in monetary damages or did you just sue for the maximum allowed in small claims court?

You mention the appellate court. Did you file an appeal? That's a whole different ball game.



You should be talking to a lawyer about that.
I actually had over $10,000 in monetary damages and decided to sue for only $10,000 so i could use small claims court because
 
I actually had over $10,000 in monetary damages and decided to sue for only $10,000 so i could use small claims court because
I cant afford an attorney and my proof proved my case, I never thought that our judicial system would be so prejudice and dishonest. And deny me my rights otherwise i would have sued in civil court. $8,000 was cash the rest was my belongings
 

Zigner

Senior Member, Non-Attorney
I actually had over $10,000 in monetary damages and decided to sue for only $10,000 so i could use small claims court because
That's too bad - had you sued in a higher court, then your appeal rights would have been preserved.
 
... unless the defendant has countersued and the plaintiff loses the countersuit.
I understand that but if you are denied your constitutional rights by the judge. I deserve to have a fair trial where i can participate. What kind of system do we have if participants arent treated fairly
 

quincy

Senior Member
I understand that but if you are denied your constitutional rights by the judge. I deserve to have a fair trial where i can participate. What kind of system do we have if participants arent treated fairly
It appears you might have erred in filing your suit in small claims, closing off the option of appealing. You might have benefited from some early pre-suit advice from an attorney, especially with the amount of money involved.

But it is what it is.
 

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