Thank you for your question. Please permit me to assist you this evening.My apologies to you on your situation. Whomever told you that you cannot appeal is not quite correct. There were two separate complaints filed, yours and the other person's. You can still appeal the ruling on the other complaint as that did not technically go in your direction. That is your best remedy by far if your motion for reconsideration will go nowhere, as is likely the case. Good luck.
That did not answer the question. The court will not accept the appeal stating I won the case. So now what do I do?
Thank you for your follow-up.But you did not win the case, you won a portion of the case. Please look to the link below directly from the California Self-Help Small Claims Section--they specifically state that as there was a counter-claim against you, you can still appeal on the counter claim:http://www.courts.ca.gov/1072.htmI am providing this link to you directly from the courts themselves so that you are not simply taking my opinion on this subject but what your actual steps would be.Good luck.
I have used that link and the clerk and someone in the back drop stated he cannot file for an appeal because he won his case. The defendant cross complained in the same case so there is only one case number. Was this a judges trick so I couldn't file an appeal? Is there a higher court I can go to so I can get an appeal filed?
Thank you for your follow-up.My apologies but they are simply incorrect. If they filed a counter claim, you CAN appeal. The reason is because claims and counter-claims get consolidated anyway under the same case and docket number for efficiency purposes. Point out in your appeal that you are seeking a trial de-novo on grounds of the counter-claim being decided against you, and you should get a new trial at a higher court. This is not a trick, someone at the courthouse simply does not understand the process and I assure you that what I am suggesting is really you best step. Please remember that the clerks there are not attorneys and they cannot advise you--this is a legitimate option that you still have available to you.Good luck.
ok, I will go back and try again using your eloquent language.
Glad to help, truly!Please let me know if it works--it should work based on the facts that you have provided.Please take care and be well!
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