The state is California. I also wanted to add that the defendent did not object to the Judge asking me to provide a statement in regard to how long it takes for a burn/blister to occur. In addtion, the Judge's summary review did not speak to what I provided after the hearing. His judgment was based on information submitted in court, most telling the medical documents.
The defendant's attorney contacted me for a settlement (less than half of what I was awarded) I declined, and commuicated that the matter will be resolved in court. Defendents attorney communciated that he will mov forward with the appeals process based on the Judge's legar error of allowing me to submit a document while the case was under advisement.
Unfortunately, this also changes the rules, as in small claims court the rules of evidence and the rules of civil procedure generally do not apply, while in Superior court they do. (I do not understand this statement.)
I'm quite comfortable with representing myself; however, would it behoove me to hire an attorney. Is $150.00 the standard fee? Is it likely that this fee will be reimbursed by the court?
The decision of the judge to accept a document from you to support your case after the court had taken the case under advisement is something that is within the judge's discretion to do. As that is the case, and as the other side is represented by an attorney, this could be a bad faith appeal. (This was very helpful, as the attorney stated it was legal error on the Judge's behalf).
Thank you for the information. I have medical records from the ER, my personal Physician, and referrals to an ENT. All the records indicate that I received a burn for "hot food", a burn blister diagnosis, and treatment, including pain killers and a restrictive diet. Would I require further medical documentation.
More than likely, I will represent myself as I know my case best, XXXXX XXXXX supporting documentation.
I n regard to the establishment being negligent: they do not negate that I was at their business and consumed food, their contention is that I could have received the injury elsewhere. However, based on my timeline that I submitted to the court (very detailed of all the events leading up to court) the court found that met my burden of proof and that the business was liable. I plan to resubmit the same evidence at suprior court, and hope that justice prevails.
Do you have any other comments or suggestions?
You have been very helpful. Thank you.
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