Adu fraud legal help

[nachobear]

Jurisdiction

California

My aunt got scammed for paying for an adu that never happened, nothing was done, my aunt sued in van nuys small claims and the judge took the scammers side and is making my family pay for false work with judgement, judge was bad


Other party probably was illegal to do this

She filed a small claims appeal but i don't think that will work since she had one trial and she loss as the plantiff

unsure what options she has , i did say try form SC105

Someone said she has Motion to vacate but she didnt miss the hearing

 

[Zigner]

That's unfortunate.

 

[Zigner]

I would like to add that your mom would be better off talking to an attorney for advice.

 

[zddoodah]

My aunt got scammed for paying for an adu that never happened

What does "paying an adu" mean?

nothing was done, my aunt sued in van nuys small claims

So...it's not correct that nothing was done...she sued.

and the judge took the scammers side

In other words, your aunt failed to prove her case beyond a preponderance of the evidence.

She filed a small claims appeal

The plaintiff has no right of appeal in California small claims court.

unsure what options she has

Options for what? If your aunt already paid for this thing, then she has no options because she exhausted her legal remedies by suing in small claims court and losing. If she hasn't paid, then she can refuse to pay, which probably will result in her getting sued and losing.

i did say try form SC105

If you're referring to Judicial Council form SC-105 (Request for Court Order and Answer), I'm not sure what you think the point would be. That form is just a generic motion form. What would be the factual and legal bases of the motion?

Someone said she has Motion to vacate

That doesn't make any sense.

 

[nachobear]

What does "paying an adu" mean?




So...it's not correct that nothing was done...she sued.




In other words, your aunt failed to prove her case beyond a preponderance of the evidence.




The plaintiff has no right of appeal in California small claims court.




Options for what? If your aunt already paid for this thing, then she has no options because she exhausted her legal remedies by suing in small claims court and losing. If she hasn't paid, then she can refuse to pay, which probably will result in her getting sued and losing.




If you're referring to Judicial Council form SC-105 (Request for Court Order and Answer), I'm not sure what you think the point would be. That form is just a generic motion form. What would be the factual and legal bases of the motion?




That doesn't make any sense.

"Paying an ADU", Sorry i mean to say no adu work was done

I also mean to say She paid off for the project

she was telling me that theres some lien judgement on her house


What someone was telling me about SC105
said question 3 put: motion to rehear my case and question 4 put: give reason why you think you loss, example like no interpretor, not provide evidence etc

Another person said these possible options :

1. Motion for a New Trial — If the judge made a significant legal or procedural error during the hearing that affected the outcome, this motion can be filed within 30 days of the judgment.
2. Motion to Vacate — If there was a procedural error that prevented your aunt from properly presenting her case, this can be used to try to reopen the case.

 

[justblue]

"Paying an ADU", Sorry i mean to say no adu work was done

I also mean to say She paid off for the project

she was telling me that theres some lien judgement on her house


What someone was telling me about SC105
said question 3 put: motion to rehear my case and question 4 put: give reason why you think you loss, example like no interpretor, not provide evidence etc

Another person said these possible options :

1. Motion for a New Trial — If the judge made a significant legal or procedural error during the hearing that affected the outcome, this motion can be filed within 30 days of the judgment.
2. Motion to Vacate — If there was a procedural error that prevented your aunt from properly presenting her case, this can be used to try to reopen the case.

Are the "someone's" and "persons" that are offering this legal advice licensed attorneys in California? Has your aunt had a sit down with an actual attorney (who would have full access of all the information) to go over her legal options or perhaps gain an understanding of why she lost her case?

You have provided little factual information of this situation. What was the reason the judge sided with the defendant and not your aunt? What was the reason the defendant gave in court for not completing the project?

 

[zddoodah]

"Paying an ADU", Sorry i mean to say no adu work was done

OK...what the heck does "adu" (or "ADU") mean? In other words, what exactly did your aunt pay for?

I also mean to say She paid off for the project

So...she paid for something that she didn't receive?

she was telling me that theres some lien judgement on her house

OK...this is obviously important, but what exactly does it mean? In your original post, you wrote that "the judge . . . is making my family pay for false work with judgement." Again, what does that mean. You said that your aunt filed the lawsuit, and a "family" isn't a legally recognized entity. Does this mean that the person/entity that your aunt sued filed a counterclaim against her and that the court entered a judgment against her? If so, when did that happen? If it's been more than 30 days, then the other party can get a judgment lien and record it against any property your aunt owns. ALSO, VERY IMPORTANTLY, while your aunt cannot appeal the adverse ruling on her complaint against the other party, she CAN appeal a judgment against her based on a counterclaim.

What someone was telling me about SC105
said question 3 put: motion to rehear my case and question 4 put: give reason why you think you loss, example like no interpretor, not provide evidence etc

OK...are those things relevant? Did your aunt need an interpreter? Did she request one and was her request denied? What does "not provide evidence" mean? If your aunt failed to provide evidence, that on her.

1. Motion for a New Trial — If the judge made a significant legal or procedural error during the hearing that affected the outcome, this motion can be filed within 30 days of the judgment.
2. Motion to Vacate — If there was a procedural error that prevented your aunt from properly presenting her case, this can be used to try to reopen the case.

Again, how are these things relevant? If she wants to claim "a significant legal or procedural error," she has to be prepared to identify that error and coherently argue why she should get a do-over.

 

[justblue]

OK...what the heck does "adu" (or "ADU") mean? In other words, what exactly did your aunt pay for?




So...she paid for something that she didn't receive?




OK...this is obviously important, but what exactly does it mean? In your original post, you wrote that "the judge . . . is making my family pay for false work with judgement." Again, what does that mean. You said that your aunt filed the lawsuit, and a "family" isn't a legally recognized entity. Does this mean that the person/entity that your aunt sued filed a counterclaim against her and that the court entered a judgment against her? If so, when did that happen? If it's been more than 30 days, then the other party can get a judgment lien and record it against any property your aunt owns. ALSO, VERY IMPORTANTLY, while your aunt cannot appeal the adverse ruling on her complaint against the other party, she CAN appeal a judgment against her based on a counterclaim.




OK...are those things relevant? Did your aunt need an interpreter? Did she request one and was her request denied? What does "not provide evidence" mean? If your aunt failed to provide evidence, that on her.




Again, how are these things relevant? If she wants to claim "a significant legal or procedural error," she has to be prepared to identify that error and coherently argue why she should get a do-over.

Per my Google search ADU is an Accessory Dwelling Unit:

Accessory Dwelling Units | California Department of Housing and Community Development

.float-right { float: right !important; padding: 2rem; } Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are an innovative and effective option for adding much needed housing in California.

www.hcd.ca.gov

 

[Red Kayak]

"Paying an ADU", Sorry i mean to say no adu work was done

I also mean to say She paid off for the project

she was telling me that theres some lien judgement on her house.

So, since none of us are mind readers please clarify:
1) By "adu" do you mean "Accessory Dwelling Unit", the more formal term for an in-law apartment?
2) What do you mean by "paying for an adu that never happened, nothing was done"? Are you saying that your aunt paid someone to add an accessory unit to her property and the job was not completed?
3) Did she have a written contract, or was this just a hand shaking agreement?

Given that she went to small claims, I am inclined to believe that she only paid a non-refundable deposit, because the limit on small claims in California is a lot less than the cost of a contractor adding an in-law apartment. $12,500 doesn't go as far as it used to.

Before one can start building, one needs to do preparatory work. The contractor actually has to have a plan, they don't just randomly buy supplies and slap something together. Or at least, they shouldn't. It's better to have proper plans drawn up and get permits, if needed. And that takes time, and skill. People doing work for others generally like to get paid for their time. These costs are included in the project.

It sounds like your aunt went to small claims, and presented her side of the story poorly.

Given your presentation of the facts here, that somehow doesn't surprise me.

According to the self help guidelines, one of the limits of small claims cases is that the party that starts the case (the plaintiff, in this case your aunt) can't appeal if they lose. The plaintiff can appeal if they lose, and the other side successfully sues back.
There is very limited time to appeal, and unless she has really credible legal reasons, she is SOL.
"Judge was bad" is not a legally acceptable reason.
If your aunt needed an interpreter, is there a reason that she did not request one?
If there a reason that evidence wasn't provided? Was the "evidence" in some form that was inadmissible?

Courts favor those who come in organized. Lead with your strongest statement, and then support it as necessary. Just the facts, politely. @zddoodah can seem rather literal and pedantic in responding, but not out of line with what you could expect from a busy judge. You can have a good legal reasons, but blow it by starting with something irrelevant or using imprecise wording.