Small Claims Court Verdicts Can Be Appealed

Question: When my automobile was recalled for a minor inspection and was in the dealer’s shop, the front end and the hood were badly damaged. The dealer denied responsibility for the accident, an action I still cannot understand. Another repair shop estimated the cost to be $1,200, but the cost to my dealer would have been only for parts. Next year, I will buy a new car, but I will definitely not buy it from that dealer.

I sued in Small Claims Court and was awarded the full amount. However, the dealer has appealed the case to the Superior Court. Can I handle this matter before the Superior Court, or am I required to hire an attorney? If the award is upheld, will the defendant be required to pay my legal costs? Or do they anticipate that my legal charges will be so high I will abandon the claim? If I choose to handle the case myself, please recommend books to read.--W.D., Los Angeles.

Answer: First, let me answer your specific questions. Yes, you can handle the appeal of your Small Claims Court case without an attorney. You are not required to have an attorney represent you, but unlike Small Claims Court, where attorneys are not allowed, you may have legal counsel present with you in Superior Court when the appeal of your case is heard.

It is highly unlikely that you will be awarded attorney’s fees, and you can’t receive them in any event if you don’t actually hire an attorney. Such fees are usually awarded only if your case involves a contractual dispute in which the contract specifically says that attorney’s fees will be awarded in a dispute, or if there is a state statute that grants attorney’s fees for your specific type of case.

And you can’t collect for the time you invested in preparing and arguing your case. That’s just part of the price of going to court.

To be safe, you should expect that the dealer will have an attorney to argue his case. (In fact, you may already know if the dealer is represented, since the papers you received notifying you of the appeal may have been sent by the lawyer.) By the way, the defendant in a small claims case has only 20 days from the date of mailing of the notice of the entry of judgment to file the appeal. Check to see if the dealer filed within the statutory time limit; if not, you’ll have a strong procedural argument, and the case may never get to the facts of your dispute.

But just because you won in small claims court doesn’t ensure victory in Superior Court. Unlike with most legal appeals, in which the appellate court simply reviews the adequacy of the lower court judgment without re-trying the entire case, in a small claims appeal the Superior Court judge may conduct a “trial de novo, “ an entirely new fact-finding session, without regard to the earlier decision.

One option--if you don’t want to pay a lawyer to prepare for and attend the hearing with you--is to consult a lawyer to help you prepare your case. Contact the L.A. County Bar Referral Service at (213) 622-6700 for the names of attorneys who are available to represent you in this limited way.

In this month’s Los Angeles Lawyer, the legal magazine published by the L.A. County Bar Assn., attorneys are advised on how to “Coach Your Client to Success” in Small Claims Court. The article, authored by Municipal Court Commissioner Douglas G. Carnahan and attorney Maxine J. Calatrello, notes that “a little professional assistance can go a long way toward a favorable resolution of the dispute.”

Their comments are directed at preparing a client for the actual small claims court hearing (which you’ve already won), but they also apply to the appeal. “Responsible presentation of evidence and use of key buzz words” can help convince a judge of the validity of your claim, they observed.

And it’s not just a matter of the basic facts. The judge’s perception of your credibility is important too. “Your client should sit up straight, smile and be patient. The judge will observe the body language of the parties and witnesses right from the moment he or she first sees them in the courtroom,” they wrote.

Helpful books include “Small Claims Court, a User’s Guide,” published by Halt, a legal reform group in Washington D.C., and “Everybody’s Guide to Small Claims Court” by Ralph Warner.