Small claims court award is overturned
- Thread starter Hokiefyd
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Usually it's hard to win an appeal. Doesn't there usually require some legal abnormality to win an appeal and not just one judge substituting his judgement for another's? Whether you necessarily agree with the small claims court award, I don't think it was right for this judge to appeal the lower court's award. Hasn't Honda already lost a class action on this matter? There's just no justice.
Remember, it is a LEGAL system, not a JUSTICE system that we have.
Originally Posted By: Boomer
Remember, it is a LEGAL system, not a JUSTICE system that we have.
RIGHT ON!! As it used to be declaired in the 1960's.
Besides, I've concluded long ago that the law is what someone else says that it is! Not that the words actually mean anything--but what some judge says the words means!
Remember, it is a LEGAL system, not a JUSTICE system that we have.
RIGHT ON!! As it used to be declaired in the 1960's.
Besides, I've concluded long ago that the law is what someone else says that it is! Not that the words actually mean anything--but what some judge says the words means!
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It said it was a superior court judge, not court of appeals. That probably means it was a trial de novo, or do the whole thing over again. This decision can be appealed, and since she is an attorney, it probably will be.
I guess in California this is how appeals of small claims work:
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In California, a small-claims appeal is treated almost like a "do-over" -- the parties get an entirely new hearing in front of a different judge.Both parties must re-argue their cases; testimony and evidence from the first small-claims hearing cannot be considered, according to court rules.
What this also means is others will be less likely to prevail if they opt out of the class action and try to sue individually.
I don't think there is any higher court she can appeal this Superior Court's decision to.
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But with the carmaker's successful appeal of Heather Peters' Honda hybrid judgment, it seems Peters has reached a dead end in her quest for consumer justice.
Maybe she could appeal it to a court of appeals but in all likelihood there'd be no acceptable basis and it would be rejected.
http://www.reuters.com/article/2012/05/10/tagblogsfindlawcom2012-lawandlife-idUS331936724320120510
Quote:
In California, a small-claims appeal is treated almost like a "do-over" -- the parties get an entirely new hearing in front of a different judge.Both parties must re-argue their cases; testimony and evidence from the first small-claims hearing cannot be considered, according to court rules.
What this also means is others will be less likely to prevail if they opt out of the class action and try to sue individually.
I don't think there is any higher court she can appeal this Superior Court's decision to.
Quote:
But with the carmaker's successful appeal of Heather Peters' Honda hybrid judgment, it seems Peters has reached a dead end in her quest for consumer justice.
Maybe she could appeal it to a court of appeals but in all likelihood there'd be no acceptable basis and it would be rejected.
http://www.reuters.com/article/2012/05/10/tagblogsfindlawcom2012-lawandlife-idUS331936724320120510
Im glad it got overturned. A lawyer who dosent want a class-action since lawyers take too much of the pie. What a dirtbag!
and WHY would you beleave what a car maker says in the first place?
Originally Posted By: FirstNissan
Im glad it got overturned. A lawyer who dosent want a class-action since lawyers take too much of the pie. What a dirtbag!
umm...wut???
Your comment makes absolutely zero sense. Can you name any profession where everyone agrees all of the time, let alone where one person should be beholden to the decision of others all of the time? She's a "dirtbag" because she's (rightfully, it seems) calling out the unscrupulous behavior of others who happen to share her profession?
Your name calling is beyond ridiculous in this instance.
Im glad it got overturned. A lawyer who dosent want a class-action since lawyers take too much of the pie. What a dirtbag!
umm...wut???
Your comment makes absolutely zero sense. Can you name any profession where everyone agrees all of the time, let alone where one person should be beholden to the decision of others all of the time? She's a "dirtbag" because she's (rightfully, it seems) calling out the unscrupulous behavior of others who happen to share her profession?
Your name calling is beyond ridiculous in this instance.
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