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  1. #1

    Default Small Claims Appeal / Trial De Novo

    My question involves small claims court in the state of: California

    Hi there, I am a plaintiff who was awarded the full amount that I asked for in my Small Claims trial earlier this year. The defendant has appealed and intends to bring his attorney at our upcoming trial. I have a few questions regarding how to proceed.

    A little about my case: Not only did the defendant fail to pay me wages for work that I had completed in the time that I knew him, he also stole my identity and tried to open up credit cards with my likeness without my permission (used my SSN, forged my signature, etc).

    I sued him for those wages as well as interest on the unpaid wages, as well as money for time spent on fixing the negative repercussions having to do with having my identity compromised. For example, I sued him for the monthly fees of an Identity Protection Plan beginning with the month he attempted to use my SSN, through my first court date.

    I was awarded the full amount.

    Now I have a few questions about the trial de novo that I would appreciate any help on, and if possible, within the next 36 hours!

    1) Can I add to the amount I originally asked for? Now that almost 6 months have passed since the original date (the defendant has postponed *a few* times) may I add the interest on the unpaid wages that accrued in those 6 additional months? Same question goes for the Protection Plan costs over the last 6 months?

    2) Can I add any fees I spent on legal advice that I received after the original trial? If so, do I add this to my total amount now, or is there a form I fill out later that would allow these "costs" to be added later by the judge?

    3)Same question for flying out a witness for the new trial. Can I add the amount for airfare to the amount I am asking for that I bring to court, or is this added later, where 'filing fees' etc might be added?

    3) Can I add an amount for time spent wasted/preparing for this new trial? (I do feel the defendant is possibly appealing in bad faith, as I have no idea what he can possibly present to the court this time around. I do know that he appealed mainly so he could have his lawyer represent him - but in what regard I do not know)

    4) Can I bring a witness that I did not originally bring to the original SC trial?

    Phew I think that is it for now. I look forward to hearing from you and please forgive my lack of expertise.

    If anything is unclear please let me know, as I will be checking for responses continuously over the next 36 hours. Thank you in advance!

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Small Claims Appeal / Trial De Novo

    Quote Quoting Plaintiff in California
    View Post
    A little about my case: Not only did the defendant fail to pay me wages for work that I had completed in the time that I knew him, he also stole my identity and tried to open up credit cards with my likeness without my permission (used my SSN, forged my signature, etc).
    Curious. Identity theft is a criminal offense. Did you go to the authorities and tried to have them prosecute??

    If it's still within the SOL, perhaps you can spice things up with a parallel criminal case.

  3. #3

    Default Re: Small Claims Appeal / Trial De Novo

    I have filed a police report and the whole thing is currently under investigation..

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