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CalAttorney2
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Experience:  Civil litigation attorney for individuals and businesses.
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How do I question a plaintiff the Father. The Mother and Daughter

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How do I question a plaintiff the Father. The Mother and Daughter as well. This will be in small claims on appeal. What is the Procedure. All the damages are based on lies about the daughter. This is a driving school matter. I did not get to question them in the first small claims trial. I have facts and time lines that will let them bury themselves. How do I present my paper evidence and 2 voice recordings to the court to see and hear. The father's recording does not mention all the damages that happened. Just angry about cancelling our contract for driving school. 2nd recording the next morning about give me a refund or I will start accusations. 2 chances to leave messages if his allegations were real. The court would here his REAL state of mind after I cancelled him. Nothing about mistreatment of his daughter. Thats my biggest evidence I think. He is a lawyer to??????

William B. Esq. :

Dear Customer, you will be permitted the opportunity to question both the plaintiff and witnesses under the direction of the Court during the hearing on appeal. (Small claims appeals are heard as a "de novo" trial, or new trial, where the judge does not know the outcome of the prior decision.

William B. Esq. :

For more information on the process here are two links that should help.

William B. Esq. :

The first is from the California Court's Website (make sure to read through the "drop downs"): http://www.courts.ca.gov/1072.htm

William B. Esq. :

The second is from the Department of Consumer Affairs (the appeals section is towards the bottom of the publication): http://www.dca.ca.gov/publications/small_claims/judgment.shtml

William B. Esq. :

If you choose to retain one, you are permitted to have an attorney represent you in the appeal and assist you in questioning these individuals and presenting your defense. The Court has the discretion to award you limited attorney's fees ($150.00, plus travel expenses, another $150) in the event you are successful in the second hearing.

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Customer: replied 3 years ago.

Another question .... There was not a doctor there to testify too or be cross examined by me. Shouldn't I win that fast. All here say. Just a doctor bill for $1,0000 and $9,000 in emotional distress. All for a 1 hour driving lesson. and 5 phone calls of a 1 min each. ???

I assume that the physician's bill was for emotional injuries.

Generally this type of injury requires expert testimony even to establish the need, causation, and extent of such injuries. I cannot claim to understand all of the facts of your case as I am limited through this forum, but it does not seem appropriate to have damages awarded based on emotional injuries without expert testimony.

You may be able to review the Cal. Evid. Code related to expert testimony and the requirements for an expert to testify when information that is being stated is sufficiently beyond the knowledge and experience of the average individual.

You can find the pertinent evidence code sections here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=00001-01000&file=800-805

Regarding payment of the invoice, the other side can probably authenticate the invoice as they received it and apparently testified to paying for it.
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