Judge Considered Evidence Not Disclosed at Discovery

[laobsv]

My question involves small claims court in the state of: Van Nuys, CA

I was a plaintiff in a case with the defendent filing a cross complaint as a plaintiff.

The judge in the case allowed written evidence that was not disclosed to me during discovery. I stated that it had not be disclosed during discovery, the judge still read it, I again objected and asked if I could see it, the judge said she would let me see it later, and then handed it back to the cross complaint plaintiff.

I never saw this document and it was supposedly a declaration describing illegal activity on my part.

The judge took this evidence into consideration without my ability to view it.

What are my options?

[aardvarc]

I never saw this document and it was supposedly a declaration describing illegal activity on my part.

A declaration by WHO? Typically judges only want to hear about criminal activity that stems from law enforcement sources, like police reports, and the goings on in criminal court proceedings (because judges typically are suspect of people who KNOW about criminal activity, yet don't report it).

The judge took this evidence into consideration without my ability to view it.

Actually, you don't know that. If the contents of the declaration was, for example, from a third party who wasn't present in court to be questioned, then the judge likely did NOT consider that evidence, as it would be heresay. But the judge would have had to look at it to determine the nature of the statement.

What are my options?

If you are the one that filed the claim, and you loose (in small claims), you don't get to appeal. However, since you were COUNTERsued in your case, that might change the ballgame. You have 30 days to file a notice of appeal. Contact the Clerk's office or you can find the notice here:

http://www.courtinfo.ca.gov/forms/fillable/sc140.pdf

[laobsv]

A declaration by WHO?

A declaration from an employee of the company countersuing me.

The judge did state that I would be allowed to see the evidence, and then did not honor that request.

The judge did rule against me for 10% of what plaintiff was asking.

The crucial evidence on his part was the declaration from the employee.

[aardvarc]

The judge did state that I would be allowed to see the evidence, and then did not honor that request.

Which would have accomplished WHAT?

The crucial evidence on his part was the declaration from the employee.

Unless you can read the judge's mind, you cannot know WHAT evidence the judge considered and with what weight. Again, unless the employee was there, their written statement isn't testimoney in the case. Is it your claim that this statement, whose content you haven't seen, brought some fact into the case that wasn't touched on by ANY other part of the case and caused the court to rule as it did? In a CIVIL lawsuit, one person accusing another person of criminal activity doesn't sway the bench unless there is evidence of those crimes being at the very LEAST reported. In other words, if you're thinking that a written statement alone, by a person who the judge couldn't even question, and unsupported by evidence of that criminal activity or the reporting thereof caused you to loose the case, then I'm afraid your understanding of the judicial process is a bit askew.

Since you lost the counterclaim, you MAY be able to file an appeal. But I'd suggest you at least consult with an attorney. It's just possible that the party you sued had a stronger case than you did (since you brought the suit, and then lost on the counterclaim).

[laobsv]

Wow. You sound really angry.

Actually, I was awarded my full claim.

It is just the other party was also awarded a small claim, and to me, after I was speaking calmly and the judge was yelling at me most of the proceeding...it seems it was a biased judgement.

Of course I will be getting an attorney for the appeal.

[KeyWestDan]

The rule is the party has to provide a copy of the evidence to other parties at the time they asked for it to be introduced into evidence. Was it introduced? Or did only the judge read it? Technically it was not properly introducted. It seems it was not properly admitted. Was there a testimonial foundation for the admission of the document?

Affidavits are generally not admissible anyway except under very limited circumstances. The best evidence is the actual testimony. Plus, it would have had to be sworn under oath before a notary and there are some other requirements.

The biggest problem though is that civil rules of procedure are not followed in small claims unless at the beginning of the case you motion for them to be followed.

An appeal to county or circuit court is not an appeal in the typical sense because in an appeal the appeals court only looks for abuse of discretion. In a small claims appeal, the small claims decision is thrown you and you basicly start over.

I have never had a judge yell at me in open court, though a couple of times in chambers.

Anyway, in a real court you won't have to put up with that kind of crap, especially if you have an attorney.

[Mr. Knowitall]

When considering evidence that would normally be excludable as hearsay evidence, a small claims court (or court in a trial de novo from small claims) is still to consider Sec. 352 of the Evidence Code. See Houghtaling v Superior Court (1993) 17 CA4th 1128, 1138– 1139.

The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.

There are clearly some facts here we don't know, and you get angry when asked about them, so perhaps it's best that you're off to see a lawyer.

Although I expect a moderator here to clean up your droppings, if you behaved in court anything like you behaved here it's not surprising that the judge felt compelled to yell at you.