Any attorney's in the Bay Area?

AirBaker

AirBaker

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AirBaker
Any attorneys in the Bay Area?

My wife and I recently went to small claims court and emerged victoriously. However, the defendant has chosen to appeal. The notice of appeal was signed by his attorney, and mailed to us. My guess is that the attorney part is a bluff since the entire claim was over $300.

Ugh, back to court.

If anyone knows of legal counsel. :)
 
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Gee Chris I wish I could help you out. Alas I am not licensed in CA. I think your guess about the bluff is right. Often times the looser in a small claims action will file and appeal for $150.00 to avoid paying a $300.00 judgement, knowing full well that no one will spend the money to pursue the claim.
 
I'm not an attorney, but I have used small claims court in Santa Clara County (and won). You can't use an attorney in small claims court, or in the appeal process. He's bluffing. And, unless something has changed in the facts of the case, he's going to lose the appeal, too.

Good luck.
 
Re: Any attorneys in the Bay Area?

Yeah, for him disputing the $362, he can only recoup $150 in attorney fees. I heard that in the appeal, you can be represented by an attorney but not in small claims.

Thanks guys
 
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Chris, while attorneys are barred from the small claims court, they can and do bump it up to civil. If/when that happens if it were me I'd just walk away since that $362 is pocket change in a civil court. Yes, it's a bluff and it sounds like the guy wants to take another stab at you, just to rub it in. Look at it this way, that guy just signed over his entire reputation for a bit more than $300. He betrayed himself, let him stew in it alone.

You best be very careful how you respond to that letter. Do you have free or low cost legal advice available to you through your work?
 
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Re: Any attorneys in the Bay Area?

It's just the 'notice of appeal' that had a lawyer's signature on it. My guess is that he paid someone $50 to file it as such. ERRR.
 
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Now you need to follow suit by paying a lawyer $50 to file a motion to dismiss.
 
inav8r said:
Now you need to follow suit by paying a lawyer $50 to file a motion to dismiss.
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Wouldn't that just be the snow ball at the top of the hill?

A friend and his partner got into a ****ing contest like that one time. Back n forth it went. By the time it was all over the bill had exceeded the original amount, there had been two separate fistfights, and both parties had spent some time in the hoosegow. But they could smile because the other guy hurt worse. Disgraceful.
 
He/she paid almost $100 bucks in court fees (aside from any lawyers fee)to file the notice of appeal. You don't have to respond to the notice, you will receive a notice of the hearing date. You could always call their bluff and simply represent yourself again...unless the California system is very unusual, the other party cannot introduce any additional issues or claims in this trial that weren't covered in the small claims hearing so you really don't have much to lose other than your time and the $300 you haven't collected anyway.

There is an old saying (and I will massacre it here I'm sure) how when two parties are involved in a civil action, the first one that comes to his senses, loses. Something to think about.
 
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Richard said:
Wouldn't that just be the snow ball at the top of the hill?
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Yea, I meant to say "Now you need to follow suit by paying a lawyer $50 to sign a motion to dismiss."

As in represent yourself, but make him think you have a lawyer too. Unless the appeal is likely to prevail on it's merrits the judge could grant the motion to dismiss the appeal - tho YMMV.
 
It's an interesting situation. However, each time I read the title I wonder, Any attorney's what in the Bay Area? The apostrophe needs removal, there being no possession in the title.

HR
 
Re: Any attorneys in the Bay Area?

That is what happens when you're used to MS Word. :) Sorry.

Now only YOUR posts are incorrect! ;)
 
Lawreston said:
It's an interesting situation. However, each time I read the title I wonder, Any attorney's what in the Bay Area? The apostrophe needs removal, there being no possession in the title.

HR
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Attaboy, Harley. I knew you'd come through. Later than I expected but you didn't let me down.
 
Richard said:
Attaboy, Harley. I knew you'd come through. Later than I expected but you didn't let me down.
Click to expand...

All must understand it's all in jest, though factual.

:rolleyes:
 
Lawreston said:
All must understand it's all in jest, though factual.

:rolleyes:
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Harley, are you being PC? I think you are making allowances for the various sensitivities a person may experience. Therefore, allow me to cut to the quick; proper punctuation and grammar have not gone out of style. While there has not been established a causal relationship 'tween improper spelling or inability to construct a grammatically correct sentence and a lack of education it is commonly held that such encroachments upon the established rules are evidence of inferior performance. The bottom line is a 'grammatically challenged' resume or cover letter will almost guarantee the applicant will not be scheduled for an interview.

Chris, your post has been threadnapped. Used, nonconsecutive twentys in large bundles oughta' do it.
 
Lawreston said:
It's an interesting situation. However, each time I read the title I wonder, Any attorney's what in the Bay Area? The apostrophe needs removal, there being no possession in the title.

HR
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But you're ok with the word council, instead of counsel right? ;)

All in jest of course...... :D
 
Sonar5 said:
But you're ok with the word council, instead of counsel right? ;)

All in jest of course...... :D
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Good one, Sonar. As Roger Miller voiced, Dang me, dang me; I had to go back to the top of the thread to look for the evidence...............and there it was. May the council seek 30 lashes of counsel upon me for being smitten by only the title.

HR
 
Lawreston said:
Good one, Sonar. As Roger Miller voiced, Dang me, dang me; I had to go back to the top of the thread to look for the evidence...............and there it was. May the council seek 30 lashes of counsel upon me for being smitten by only the title.

HR
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Well, I wasn't going to give it away... Only thing that comes to mind is....

made you look..... :rofl::goofy:
 
AirBaker said:
Yes... This thread is now derailed. :)
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hey you helped....... :D

I do hope you get the money owed to you, Ignore the lawyer threat of appeal letter IMHO. Until you get notice of a hearing, in which they have a requirement to serve you, it don't mean diddly. Did they CC the court on this, in other words, were you served, cause if you weren't then I would send a nice letter back reminding them of the actual requirements needed to do a real appeal instead of the lawyerspeak crap they sent you. In other words, they want to play, go play a bit, can't do any harm, just never discuss the actual case. :D
 
I did! :)

Actually, our case was really over the other party's lack of customer service. His appeal only adds to what we have said so far. We got in touch with a few legal types through friends and its no longer of any concern.

The appeal court date is in 2 weeks. I'll give the full story after that. :)
 
Sonar5 said:
hey you helped....... :D

I would send a nice letter back reminding them of the actual requirements needed to do a real appeal instead of the lawyerspeak crap they sent you. In other words, they want to play, go play a bit, can't do any harm, just never discuss the actual case. :D
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I had a deal once when I bought my house where the seller failed
to disclose some drainage problems. There was a big rain and I got
some water in the patio doors that trashed the (very old) carpet. I sent
a letter to the seller asking him to reimburse me for the cost of the carpet
and making some changes in the yard to insure it didn't happen again.
It was a reasonable request. So I got back a letter from an attorney
he'd retained to handle it. Now I didn't really want to pay an attorney. So
I wrote back to his attorney sending along copies of the part of state
law requiring full disclosure of these things. Each time I was careful to
only send a piece of the puzzle so that the attorney would keep
responding to me. And each time I'd send more evidence .. pictures ..
names of neighbors who'd observerd previous drainage problems .. etc. And of course each time the his attorney responded to
me it cost him a fee. We went back and forth about half dozen times on
his dime. Finally his attorney told me he thought his client should just
pay because he didn't have a leg to stand on. Shortly after that
I got a check from the guy.
 
hehehe..

You see Roger, that is what I am talking about. Logic and common sense and learn to play their game.

It takes a little find law and google work, but anyone that posts on these forums is surely capable of having a little fun when presented with dumb (occasional small percentage disclaimer :) ) lawyer tricks.
 
Roger: Perhaps the attorney said he didn't think his client had a leg to stand on because he did'nt and it had nothing to do with keeping the attorney busy with letters. If an "opposing" party is right a good attorney will tell his / her client " hey give it up they are right"
 
AdamZ said:
Roger: Perhaps the attorney said he didn't think his client had a leg to stand on because he did'nt and it had nothing to do with keeping the attorney busy with letters. If an "opposing" party is right a good attorney will tell his / her client " hey give it up they are right"
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And perhaps, in my opinion, the attorney potentially knew from the gitgo the guy had no leg to stand on, and thought, hey I'll make a few bucks writing form letters.

So by your analogy, was this a good attorney?
 
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