Consumer Law, Warranties Is there recourse after an appeal decision?

[Prov31Wmn]

I hired a contractor and gave him numerous opportunities to complete contract, he did not. I acquired bids of cost to complete his contract sent him an itemized list with settlement check. He cashed check, then when asked for proof of lien removal if filed, he filed lawsuit against me. At small claim case the judge accepted his invalid change orders as our contract and would not hear facts of what our true contract agreement was. I filed appeal, and new judge heard from contractor, then from me as to the true contract and opportunities given contractor to finish job. I offered pictures to prove job not completed, and stated contractor was overpaid and made errors with his figures in his favor and offered to show examples. Contractor spoke again and I was not allowed to a rebuttal and did not give examples of how contactor was already overpaid. I had to insist judge look at pictures of job. Appeal, judge let judgment against me stand. I didn't believe I needed an attorney, the case was simple, I thought. We had a contract, the contract was not fulfilled - I had pictures and bills and checks to contractors to finish his job, he was given opportunities to complete the job but didn't, I showed his performance was lacking, and my cost, where did I go wrong? Do I have recourse?, If I can still act, is there a time limit (decision, was mailed out to us two weeks ago) Should I file a complaint with CSLB? Should I contact the bond company of the contractor or does court decision prevent me from doing that? Do I need an attorney to insure lien is properly removed, and who can insure important factors in case are addressed which prove contractor is not entitled to money and actually owes me!

 

[jharris352]

There is probably some legal principle involved in this case that you are not aware of. Whenever a Judge is giving a decision that doesn't make common sense to a layman, it is usually some legal principle that clears it up. I will admit I'm at a loss to tell you what that is from just hearing your story. You probably have 30 days or less to act, so do not delay. If the monetary amount is enough to warrant the expense, take this to an attorney and get his/her opinion. That alone may clear up some mystery that is tripping this case up. If you are right and the judge is wrong (it happens plenty) then you can consider an appeal from the second judge.

I'm not certain about CA but in most jurisdictions small claims court appeals de novo (new trial) to the "state level" court and appeals of that court are appeals of record for errors to the appellate court of the State. That won't be a layman's appeal, at least I doubt it. Consult an attorney to see if there is something about this case you do not realize. Good luck.