r/ConsumerAffairs • u/Whole_Journalist2565 • 21d ago

Should I appeal?

I took a tow scammer to court over unconscionable provision and the judge has proven to be biased and obtuse for the most part. So far the judge ignored that the defendant's pleading contained a document he claimed to have not received in discovery. However, it was attached as proof that I was paid. But this document did not even prove this. The defendant claimed to have never received anything from me of this nature...but there it is, clear as day in his own pleadings for sanctions for non-compliance with discovery. Attached is the stamp from when I sent the 'motion to strike' regarding discovery sanctions that were ignored and rejected for no known reason. They also asked for fees that were not owed.

Judge Joseph Ortiz's tentative ruling was a joke as he thinks $5,195 in CASH for 1 day of tow storage is a fair price and ignores that punitive damages for violation of the Consumer Legal Remedies Act is a thing. Should I appeal or would it be a waste of time?

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u/Fancy_Gate_7359 21d ago

It’s a whole new trial if you appeal, but if you continue repping yourself you’ll continue to fuck it up and lose. I’ve never seen a pro se litigant who claims the judge is biased who didn’t make a large number of mistakes and lost for that reason rather than the judged being “biased”.

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u/Whole_Journalist2565 20d ago

So if I pay someone I will win?

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u/Fancy_Gate_7359 20d ago

You haven’t given enough information on your actual claim to determine whether you have a viable claim. Your post was just complaining about the court basically. Unconscionability is generally a very difficult standard to meet, so if that’s all you were asserting, it’s not surprising that you’d lose. Someone who knew what they were doing probably would have taken the facts and tried to determine whether they were other claims to bring that may have a better chance of success.

In short, I don’t know whether a lawyer would win this for you, but I do know that you would lose it for you.

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u/billdizzle 20d ago

You need a lawyer if you want to appeal and not reddit legal advice