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appealing small court claim case, dismissed by judge with prejudice

Discussion in 'Auto Accidents, Injuries' started by youshare, Jul 7, 2015.

  1. youshare

    youshare Law Topic Starter New Member

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    My question involves an injury that occurred in the state of: california

    a lady sued 3 person at small court claim, and won from 1 person, but judge dismissed the other 2 with prejudice.

    this lady left her car in person no 1, cause she was going for a vacation. the person no.2 asked person no.1 to use her car, but Person no.2 cant drive. and person no.2 asked person no.3 to drive her car. person no.3 wrecked her car. all of those happened without this lady knowledge.

    judge dismissed person no1, and no2. person no.3 has to pay, but it seems like the chances She will received the money very slim. person no.3 is student, there are no clue if Person no.3 has been overstay or not. has no other information about person no.3

    on this lady claim explanation, she wrote, "permitting, and driving my car without my concent". she did not understand how to write the good description, so she just wrote whatever she can think of at that time. and she lost the argument with judge because its claim description.

    is there any other way to get her money? she did not asked that much, only $2000, cause of her good deed, compared to what she lost in process, she fixed through her insurance and paid her deductible. Person no.2 promised her, he will pay, but after she fixed her car, person no.2 did not willing to pay. it was like a setup, and she did not know about this.

    how much is it cost to appeal this case?

    how much is the estimate cost for hiring a lawyer for appeal before judge?

    is there a high chance if she appeal, she could win the case?

    can she pay bond with installment for appealing? cause she has no money at all.

    will there any consequences, if she lose the case?

    she is very poor, a good honest hard working tax payer citizen. working in a minimum wages 7 days a week with 2 jobs, but still managed to pay her bills.

    thank you so much for your best reply.

    God bless
  2. ElleMD

    ElleMD Well-Known Member

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    We have no way of knowing whether any given judge will rule in her favor. You can find more in small claims court appeals in CA here http://www.courts.ca.gov/1072.htm
  3. adjusterjack

    adjusterjack Super Moderator

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    I won't bother answering your questions because she has no grounds for appeal and she would be wasting her time and having no money at all makes it a non-starter anyway.

    Person number 3 drove the car so the other two aren't responsible.

    She sued for $2000 and won $2000.

    If she made mistakes in her presentation, that's unfortunate, but it's her problem.

    All she can do now is try to collect on the judgment.

    The California court website has a guide to doing that.

    I can't put a link here so you'll have to google California courts self help small claims collecting a judgment.

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