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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6780
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I am a defendant in a California small claims case. The plaintiff

Customer Question

I am a defendant in a California small claims case. The plaintiff was 15 minutes late, missed the admin of the oath, and the clerk left the court room when our case was called, therefore she wasn't sworn in, and lied throughout her testimony. Is it possible to file Request to Correct or Cancel Judgment and Answer (Small Claims) I'm appealing, but I want to know if I can ask for a new hearing based on the error.
Submitted: 3 years ago.
Category: Legal
Expert:  Irwin Law replied 3 years ago.

Hello. Yes, you can file a motion with the Court to vacate the judgment and re-hear the case based on the technical error that you raised. It is up to the Court to decide whether to do so or not, since by appealing the case you will get a new trial anyway. If you have taken the steps to appeal, then a new hearing in Small Claims court might be considered unnecessary. Plus, based on what you say about the Plaintiff lying, you might be better off trying the case in the appeal court than in Small Claims Court.

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