Ask Experts Questions for FREE Help !
Ask
    sweetgarlicco12's Avatar
    sweetgarlicco12 Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 31, 2022, 09:56 PM
    How do i get the judge to vacate judgement for not siding w/the law? small claims CA
    here's my dilemma, i was a plaintiff in my case of wrongful tow in santa clara county. we went to court, the case was submitted and a decision was mailed to the parties. well i lost, but i know this is wrong because i had a solid case with irrefutable evidence & the law was on my side. the commissioners judgement was based on some irrelevant factor/fact in the case an not on the topic of my argument. she based it of of whether or not the defendants had sufficient good cause for the tow(reason). my argument was not that , even though good cause existed its irrelevant the reason because they didnt follow CVC22658(a)(2) and the time statue for that. in other words my argument was the procedure an time statute of the tow. if a notice is placed on aa car on residential appt property, then 96hrs must elapse before the tow can commence. they towed my car 3.5hrs after the notice was placed clearly not 96hrs. the reason no permit, no registration. but heres the thing i did have a permit and it was visible via sticker inside on windshield. an my tags were expired but property management gave me a verbal authorization to park and gave me a permit which they claim to not know how i recieved.i proved in court that i got the permit from management, my permit was valid, and i had the Notice that was placed on my car stating if not moved in 48hrs i will be towed. now the sign at entrance was present but that only pertains to unauthorized vehicles, i was authorized i live there an management had gave me permission.also civil code 3070(d)(2)(C) say if any part of cvc22658 are not followed then all tow and storage and lien fees are forfeited an vehicle released free of charge. a Violation of (a)(2) happened clearly an obviously. how does the judge let this go way over her head? i didnt get to present the case like i wanted an i think that has allot to do with it. i had a legal brief i finished the night before court but couldnt use it cuz i couldnt print it in time. is there a way i can still appeal it because the judge just let them break the law without accountability an i want my car back i cant afford to get it out im low income on housing. i know for a fact that im in the right i didnt do anything wrong i was legally parked at home, im in title transfer process an i needed a smog thats it then i get my tags but car wasnt ready yet plus wen ni paid all the fees they gave me a new expiration date to complete the registration which was 6/2/2022. i was towed on 5/5/2022 so i still had time.i filed a request to cancel/vacate judgement stating that an erroneous judgment was made, error in law, and explained the vehicle code that was violated and the civil section penalties for such violation. isnt the judge suppose to rule with the law and parallel with the law? her decision was based on my not having the registration fixed cuz the parking agreement say to have it registered at all times so there's insufficient evidence for wrongful tow. BUT THERE IS A CALIFORNIA VEHICLE CODE WAS VIOLATED!!! TGHERES IRREFUTIBLE PROOF... it made me so mad because plaintiffs cant appeal there own case. can i appeal in supreme court? because im not got give up or stop until justice is served properly. its denied can i sue the court or the judge for not following the law? can someone please be of some help or point me in the right direction? ill answer any questions about the case or the tow.

Check out some similar questions!

Judge denied to vacate the judgement [ 18 Answers ]

In NYC civil court a law firm sued me for credit card co debt. I had 3 appearances, 1st conference met with court officer and schedule for next date due to we did not agreed on payment discount etc.2nd appearance extended to next court date, I received a MOTION papers from the law office that...

WA small claims judgement from 07/08 [ 9 Answers ]

I need help on the best way to receive money owed to my husband. He was awarded 3500 +12 % interest almost a year ago. We have not received a penny. I want to know the best way to find out about assets she has, bank accounts, investments to put a lien on. It would be nice to know where she is...

Need to counter sue for deceptive trade - formal court but small claims judge [ 21 Answers ]

Hello we are in Texas First, I want to say I feel totally helpless to help my dad here. This totally reminds me of when I was raped and then sued by the rapist of all things and all the laws protected him and his rights. I fought through that criminal and the civil case he brought against me -...

Notice of motion to vacate judgment in small claims [ 4 Answers ]

I need to find out How to file a notice of motion to vacate a small claims judgment. Where do I get the form? Is one available on line? I was served with papers on a case. I called to reschedule. I was told fine it would be reschuled. I come back from vacation and I have a judgmnt agaiinst ...

Small claims Judgement [ 3 Answers ]

About 5 years, I was given a judgement against my landlord. Recently I have been trying to clean up my credit, I called the place and I was told by the account that he had NO knowledge of my account, that it was forward to a collection agency. I told him on my credit report, it didn't state a...


View more questions Search
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.