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Seems like 99% mistreating his daughter supposedly. The recordings show he was calling 36 hours later about the cancellation. He would add allegations of misconduct if I did not refund the money.The next mornining asking for a refund or he would add specific allegations.
My defense was he was just harassing me and intimidating me for a refund. He was going to get all the other people I have cancelled to sue me some how. He is a lawyer and owns a law firm. He would use his expertise. The judge did not like my angry tone on his messages explaining the contract they signed the day before.
Hi again.I'm sorry to say that I see why you lost the lawsuit. If you were sued for mistreating the daughter, then your defense should have been one of two things: (1) you did not mistreat the daughter, or (2) you did mistreat the daughter, but you had the legal right to do so. Pointing out to the judge that the father harassed you for a refund is not a defense to mistreating the daughter.As an analogy, if you were prosecuted for murder, your defense would either need to be that you did not kill the victim, or that you had a legal right to kill the victim. Pointing out that the police were mean to you after you were arrested would not exonerate you of the murder. It is a completely separate issue that has nothing to do with the victim's death. Similarly, the father's harassment for a refund has nothing to do with your alleged mistreatment of the daughter.Fortunately, in California you have the absolute right to appeal a small claims judgment. You do not need a specific reason, other than the fact that you lost. Accordingly, you can appeal to the Superior Court, and you will be given a new trial. You must file the appeal within 30 days of the judgment. You file THIS FORM with the small claims clerk, and you will then be mailed a new court date. At the trial, you should focus on defending against the specific allegations made against you. Think about my example above and ask yourself if your defense rebuts the allegations, or argues over separate irrelevant issues. If it's the latter, then it is not a valid defense. So, if the judgment was for specific mistreatments of the daughter, then you need to argue that you did not mistreat the daughter, or you need to argue that you had the legal right to mistreat the daughter. Once again, the harassment that occurred after the alleged mistreatment is not a defense to the mistreatment.Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service! If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
You are very detailed in your answers AWESOME ! I see now that the face he was going to level the allegations if I did not refund his money, was a poor defense. That day his wife and daughter came out to the car. We introduced and my other student got in the back seat. His daughter drove him home on her driving lesson. We were togetherfor more than an hour. Before I dropped her off, I had her stop so I could use the restroom some where. She was alone in the carfor a few minutes. She is 17 and a half. She had a cell phone. There was never a unhappy call to me from the parents. She drove home. We discussed her driving lesson and I asked her to go into the house and bring her parents out with the signed contract. She signed it too. She came back out by herself and handed me the contract. She thanked me and I left. Only 24 hours later did I get a phone call from the Mother asking to book another driving lesson.
I have a letter signed by him saying his daughter was crying and visibly shaken right after her driving lesson. Lies, the judge never even talked to her. Her dad is an attourney. Much drama for an HOUR together. Wouldn't you think the parents would come outside ASAP. Phone call ASAP. My messages they played in court were about the contract. I never tried to defend myself against the daughter. There was no issue.