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laurelton1 · Mar 31, 2009, 07:12 AM

Time constraint ? How to

excon · Mar 31, 2009, 07:22 AM

Hello l:

You're going to have to take a little more time and tell us exactly what you want to know.

excon

ScottGem · Mar 31, 2009, 07:23 AM

Tip: The more you put into a question the better we are able to answer.

laurelton1 · Mar 31, 2009, 07:36 AM

Small claims judge at pre trial hearing, after mediator could not resolve
Decided rather then schedule for trial which is the procedure, he advised that he will reserve decission to set trial date or dismiss, he subsequently dismissed saying it is not a triable issue
I am plaintiff deposit given, work nor preformed
I was going to file an appeal, the court clerk suggested "motion to vacate"

this8384 · Mar 31, 2009, 08:13 AM

First, please don't start a new thread. You can add more information to your first thread by clicking "Answer this Question" at the top of the page. When you start a new thread, it becomes harder to give you the correct information.

Second, your question is hard to understand, so correct me if I'm wrong but this is what I'm getting from it:
You are the plaintiff. You gave the defendant a deposit of money for services that they were to perform. The defendant did not perform said services. You are now suing the defendant.

For some reason, the judge didn't find it reasonable to hold a trial regarding this matter, which is why s/he dismissed it. Was the deposit returned? What were you suing for exactly?

laurelton1 · Mar 31, 2009, 08:39 AM

The money was paid to file for an electrical permit, the permit was not filed, the money was not returned, thye rest you have is correct

this8384 · Mar 31, 2009, 08:46 AM

Why didn't you file for the permit yourself? Why did the defendant not return the money? How much were you suing for?

excon · Mar 31, 2009, 08:48 AM

Originally Posted by laurelton1

I was going to file an appeal, the court clerk suggested "motion to vacate"

Hello again, l:

There's a reason why court clerks shouldn't give legal advice. This is one of them.

Small claims court is less formal that superior court, so your motion to vacate can most likely be in the form of a letter to the court with a copy going to the defendant. The problem you're going to have is not the form, but the content. You're basically going to be asking the judge to change his mind. If you have NO NEW evidence to tell him about in your motion, then he's going to deny it, and you'll have wasted precious time.

If you file an appeal, you'll get a different judge, and that's what I'd do. You're going to need to do some research before you do, though, because just no liking the decision is NOT grounds to have it overturned. You can't just assume that the appellate judge is going to see the same issue you do. You're going to have to find LAW that says the underlying judge abused his authority, and spell it out in your appeal.

excon