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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Going into my 4th court hearing in small clams. How can I

Customer Question

Going into my 4th court hearing in small clams. How can I approach the hearing Judge , with my frustration of wasting the courts time. We have won our case in the Magistrate hearing. Now the Defendant at every new appeal and sitting Judge. States he can speak English, no English is my second language, I don't understand.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Thank you for using our forum, my name is ***** ***** I would like to assist you.

Congratulations on prevailing in the early stage of your small claims matter, if I understand your current issue correctly, you have a defendant that is claiming not to be able to speak or understand English (or is able to understand, but English is not their primary language).

This is not the court's problem, or your problem. If a party to a civil action is unable to understand or speak English, they must make arrangements for a translator to be present. If this is the 4th hearing that you have gone to, the defendant should be well aware of the fact that the proceedings will be conducted in English and that they need to make arrangements accordingly.

The court will ask the parties this question at the outset of a proceeding in any event so that they are aware of the party's limitations - but you should have your matter heard as it is calendared. (Attorneys will use the phrase "unnecessary waste of judicial and party resources").

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