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pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
reply to pende_tim

Re: Appeal?

said by pende_tim:

For some reason I was under the (apparently mistaken) impression that small claims decisions were not subject to appeal.

In California it is not only subject to appeal but the "appeal" is a new trial outright, albeit with lawyers this time around.

»courts.ca.gov/1072.htm

Seems kinda dumb to me, I always thought appeals courts should be in the business of deciding whether or not the lower courts followed proper process and nothing more.

My guess is that the original plaintiff in this case will try to argue that AT&T is appealing simply to encourage him to abandon the case (the section entitled "The Judge's Decision")
--
"Net Neutrality" zealots - the people you can thank for your capped Internet service.

elray

join:2000-12-16
Santa Monica, CA
Reviews:
·Time Warner Cable
·EarthLink

said by pnh102:

said by pende_tim:

For some reason I was under the (apparently mistaken) impression that small claims decisions were not subject to appeal.

In California it is not only subject to appeal but the "appeal" is a new trial outright, albeit with lawyers this time around.

Which means the "winner" will have to shell out big bucks for his new counsel, unless he's lucky enough as a cause celebre to attract an ambulance-chasing populist to take the case.

Be careful what you wish for.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to pnh102

Seems like it makes small claims court effectively useless.

That's the way these companies like it. No justice, you have to accept their terms under all circumstances (binding arbitration, etc)
and you have no legal recourse.

Meanwhile they have every recourse versus you and can do whatever they damn well please.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini



fatness
subtle
Premium,ex-mod 01-13
join:2000-11-17
fishing
kudos:14
reply to elray

said by elray:

said by pnh102:

said by pende_tim:

For some reason I was under the (apparently mistaken) impression that small claims decisions were not subject to appeal.

In California it is not only subject to appeal but the "appeal" is a new trial outright, albeit with lawyers this time around.

Which means the "winner" will have to shell out big bucks for his new counsel, unless he's lucky enough as a cause celebre to attract an ambulance-chasing populist to take the case.

Be careful what you wish for.

AT&T dropped their appeal and paid the judgment.
»www.theverge.com/2012/3/17/28793···0-payout

quote:
AT&T's back-and-forth with Matt Spaccarelli, the customer that took the carrier to small claims court for its throttling practices on unlimited data plans, appears to be over. AP reports that the carrier sent Spaccarelli a check for $850 — along with $85 for court fees — in compliance with the court ruling in February.
--
don’t let haters get me off my grind


DataRiker
Premium
join:2002-05-19
00000

Why is this not on the front page news?



fatness
subtle
Premium,ex-mod 01-13
join:2000-11-17
fishing
kudos:14

It is.
»AT&T Scraps Throttling Appeal, Pays User His $935
--
don’t let haters get me off my grind



DataRiker
Premium
join:2002-05-19
00000

Thank you. I saw it.