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by iloveluce 3022 days ago
Here is the HN discussion to Part 1 https://news.ycombinator.com/item?id=16217241

Pretty surprised how much Equifax spent trying to win this case. I'm sure they're doing it to dissuade others from suing them as well but after reading this I really want to sue myself. I wonder if they'll appeal the verdict again.

3 comments

They probably don't care about the cost, it's the precedent they're trying to block or overturn. And I don't see how even the appeal can stand against further appeals (or whatever they do next to protest what they consider an invalid ruling).
Do small claims cases create precedent?
IANAL, so it may not be "Precedent" with a capital P, but it is a court ruling and the guy put a huge amount of crazy stuff into it that other crazies can now point to and say "see, a judge agreed with all of this".
The second judgement is final. No appeal.
IANAL.

It's not inconceivable they could make further trouble nevertheless: https://law.justia.com/cases/california/court-of-appeal/3d/1...

The relevant part appears to be:

"The Eloby court's dictum suggests that section 117.12 was designed to preclude only appeal, motions for new trial, and motions to vacate judgment. The court's initial issuance of the alternative writ further suggests that section 117.12 was not read as curtailing the ability of appellate courts to review important issues arising in small claim actions.

Following the lead of the Eloby court, we read section 117.12 as not foreclosing appellate court review by extraordinary writ. Since statewide precedents can only be created by appellate courts, jurisdiction to decide appropriate small claims court issues must be retained by appellate courts in order to secure uniformity in the operations of the small claims courts and uniform interpretation of the statutes governing them. We do not believe that the Legislature intended to make all actions of the superior courts in such cases totally unreviewable or reviewable only on certification. (Code Civ.Proc., s 911; Cal.Rules of Court, rule 61(b).) "

This seems a bit weird.

Thanks!
Not through an ordinary appeal, but they could file for an extraordinary writ. Given the number of small claims cases that Equifax has been facing, it might be something they would consider.
These scummy corps do it all the time. A critical illness insurance co. tried to not pay my mom because they had their own technical definition of a heart attack. She sold herself the policy, and didn't even know this. In fact, it was subsequently ruled illegal and new policies couldn't use this definition. But they flew in lawyers to her small town, so she had to go to small claims court while recovering from a heart attack. All to try and avoid paying about 20k. She settled for most of it, in the end.