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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I went to small claims court as a plaintiff in California and

Customer Question

I went to small claims court as a plaintiff in California and the judge (really a judicial commissioner) refused to allow me to present my case and dismissed on of my two issues and decided in favor of the defendant in the other! I was not allowed to speak or submit my documents of proof and when I asked the judge if I could appeal, he said "yes. Go to the county clerk to file the forms." The county clerk told me that I can't file an appeal as a plaintiff, but that I can file a petition for writ. The petition calls for identification (the section of the Constitution or statute, published court decision, or other legal authority) that says the small claims court must allow me to present my case. I cannot find a section on my rights to due process in allowing me to present my case prior to the judge making a ruling. I need your help!
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. However, can you be a little more specific about what occurred in court? Are you being very literal that the judge would not let you speak? Or do you mean that the judge would not admit certain types of evidence? What were your claims? Thanks.