Can you give me some information about a small claims court appeal in California?

Question

I've read many articles online so I have a good understanding of the process, but there are a couple things I don't understand.

I took a medical provider to small claims court for malpractice and won a judgment of $7,500 plus $85 in filing fees. The provider then appealed and now we have a "trial de novo" scheduled with Superior Court.

I'm unsure about the following:

-She incriminated herself and lied to the judge in the original hearing. Will the judge have a record of this? I understand this is essentially a new trial--does that mean she gets a "get out of perjury free" card?

-Can she contradict things she said before without any consequence?

-Do I have a right to find out what "new evidence" she's bringing ahead of time? I assume she must have some if she wants to do this all over again.

-Does the judge usually award in favor of the original decision, or does s/he completely disregard the original judgment?

I'm not planning to bring an attorney for financial reasons, though the medical provider likely will. The first process was stressful enough and I'm really nervous this time! Any advice would be greatly appreciated.

Answer 1

There should be a recording or transcript of the first trial. Perjury would be a totally different matter, and it can be punished criminally. So if she attempts to lie again, you can't just say, "She's lying." Since you know what she said before, you can attack her credibility if she attempts to do it again. And if she changes her story, the next go round, and waivers from her testimony in the first trial, you could certainly bring that to the attention to the judge so that it would attack her credibility. (In formal courts, that's called "impeachment." however, small claims appeals are still conducted pretty informally).



There are no formal discovery processes required in small claims, or in appeals of small claims, so you will just have to anticipate what evidence she may have in her arsenal and be prepared to have evidence to counter it.



The original decision is nullified, i.e. made void in a trial de novo. "De novo" literally means in Latin "afresh" or "from the beginning" so it's a totally new hearing and the old decision doesn't matter.



And yes, lawyers are allowed at the appeals level of small claims so that could really change things for you a second time around if the lawyer knows how to defend it better than the claimant. Additionally, you will want to keep in mind that if they were to prevail a second time around, they could also ask for attorneys fees. That being said, it might not be a bad idea to get an attorney. And you can also ask for attorneys fees if you prevail.

Answer 2

Her appeal has to be based on errors in the first case or new evidence. Typically, discovery is not provided in small claims, but her petition for a new hearing is a matter of public record, so you can at least see what grounds she's basing the appeal on. Ask the court clerk for a copy of her petition.



The original transcript will be available to the judge to review if the judge chooses to do so. The perjured statements will surely come to his attention.



The judge will render a judgment based on the case before him. The earlier judgment will carry weight, as this judge is either going to uphold that decision or overturn it.



- Stuart

Answer 3

The answer that this is a review of the record for error is incorrect. This is a new trial. However, you certainly can raise any inconsistencies in the testimony of witnesses. You will get a lot of answers to your questions here:

http://www.courtinfo.ca.gov/selfhelp/smallclaims/scqna.htm

You will also be able to find out how to contact the small claims advisory service in your county, which would be a far better resource for you than YA.