Small Claims, Can i sue a different person over same damage listed in first small claim which i lost

[Flower]

Jurisdiction

California

A woman bought house next to mine to fix and resell. Her unlicensed contractor dug out a back patio right up to our property line. The joint fence was compromised, my land fell out onto theirs and my 2 block walls close to fence buckled and tipped. I sued owner in small claims and lost, i believe b/c i was too upset and nervous and failed to clearly present the facts, as several attorneys i consulted (not on this site) said Cal. Civ Proc. Code 116.725 was clearly violated. Can i now take the contractor to small claims for same damage? Or any way to rephrase suit i originally asked for $10k for 2 walls and fence. Ex. My property value lowered due to existence of damaged structures? Or something else? Insurance inspector valued repair cost at $8k while contractor said $20k. But insurance wont pay as due to human caused land movement.
Thank you kindly!

 

[mightymoose]

You could appeal your small claims judgment if you have not exceeded the time limit. This would bring the homeowner back in.
Yes, you could also sue the contractor separate from the homeowner.
If you exceed 10k you can not use small claims. If you contacted an attorney who was confident you had a good argument to make you might consider hiring that attorney and asking for compensation of legal fees in a judgment.

 

[zddoodah]

I sued owner in small claims and lost, i believe b/c i was too upset and nervous and failed to clearly present the facts

The reason you lost is probably because you sued the wrong person. It was the contractor who caused the damage to your property, not your neighbor.

several attorneys i consulted (not on this site) said Cal. Civ Proc. Code 116.725 was clearly violated.

CCP 116.725 is a law that allows a party to a small claims action to make a motion to correct a clerical error in a judgment or to set aside and vacate a judgment. It's not a law that is susceptible of being "violated," so I'm not really sure what you mean by this.

Can i now take the contractor to small claims for same damage?

Yes. This is what you should have done in the first place.

You could appeal your small claims judgment if you have not exceeded the time limit.

Incorrect. "The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff's claim." CCP 116.710(a).