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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I won in small claims court $500 against my claim of $8500.

Customer Question

I won in small claims court $500 against my claim of $8500. The judge ruled on a cross complaint having nothing to do with the original claim. and subtracted the cross from my claim. I am told I cannot file an appeal because I won, yet I lost $8000. do I have any remedies?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.

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.

Customer: replied 3 years ago.

That did not answer the question. The court will not accept the appeal stating I won the case. So now what do I do?

Expert:  Dimitry K., Esq. replied 3 years ago.

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.htm

I 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.

Customer: replied 3 years ago.


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?

Expert:  Dimitry K., Esq. replied 3 years ago.

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.

Customer: replied 3 years ago.


ok, I will go back and try again using your eloquent language.

Expert:  Dimitry K., Esq. replied 3 years ago.

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!

Customer: replied 3 years ago.
I have defined the problem closer: The judge wrote the following: "judgment on the plaintiffs claim for ___(me) and against defendant___(them)in the amount of $500 plus costs of $315". Then he wrote: Judgment on defendants claim for cross defendant____(me) and against cross complainant___(me)"
This makes no sense because my evidence of a personal loan made to the defendant was based on undisputed (by judge or defendant) fact and the judge based his decision on the cross complaint. This in effect is barring me an appeal because my claim got lowered to the point I lost. What is my course of action, do I have to go to FTCA95? or is there another way to get a hearing to have a hearing? Please give me a solid answer that I can use. I will be glad to pay for it.
Expert:  Dimitry K., Esq. replied 3 years ago.
Please focus on the judgement claim for cross defendant. That is a separate cross complaint and that is a separate motion. That, by itself is what you can appeal. Consider your judgment in two wholly severable parts, one complaint that you filed as part one, and a wholly separate section that is a cross complaint. The latter is what you can appeal based on my answers from yesterday. The two judgments, and there are two judgments on this order, are able to be severed from one another and each one independently pursued. This is NOT barring your appeal, you just base your petition on the judgment for defendant's claim toward the cross-defendant (you) and seek an appeal against that portion of the ruling. I apologize if I am restating the information from above but to ensure that I was not misreading your concerns or making an error with my analysis, I likewise reviewed my information with other attorneys to ensure that the answer I am providing to you is correct.

Good luck.
Customer: replied 3 years ago.
I have always understood clearly that these are two separate cases. It is the way the judge wrote the order that is the problem. On the original complaint(undisputed fact by he or the defendant), he was for but reduced the amount from $8500 to $500.

Then in the cross complaint the judgment was for the cross defendant, Me (original plaintiff). Now the clerks and self help people claim I cannot appeal because I won the case. Maybe I am getting better at explaining this thing.

Today I am filing sc105 and 105a asking for explaination. Any other ideas? I do appreciate your help on this but I appear stuck in the mud and it is why I think it is a judges trick' to keep the case from moving to an appeal.
Expert:  Dimitry K., Esq. replied 3 years ago.
No problem, I do understand the confusion. You may to ensure that you file a motion for clarification to ensure that the judge's language is specific and pertaining directly to both claims. Then, once the language is further clarified you could then pursue an appeal based on the clearer language so that the clerks do not set aside your appeal and claim that it cannot be processed.

Good luck.