You may remember on March 27-2019 I posted we won our trial in Van Nuys CA for Diminished Value. My client was only able to sue for $10,000, his loss was over $17,000, the good news is the Judge awarded him the full amount of $10,000.
Up-Date, the INS Co filed for a Trial De Novo and we had to be back in court on 5-29-2019 in Van Nuys, CA. This is as if we have never been to court but this time an attorney for the INS Co would be present.
Definition from Nolo’s Plain-English Law Dictionary. A trial held on appeal, in which the appeals court holds a trial as if no prior trial had been held, considering the evidence anew rather than reviewing the lower court’s decision for correctness. A trial de novo is common on appeals from small claims court judgments …
We were in court on 05-29-2019 at 8:15 am. The INS Co first attacked my report as unfounded and having no foundation but was proved otherwise to the Judge when he read my Diminished Value report. The INS Co attempted to change the case by saying “Well your Honor if he is not satisfied with the repair he should go back to the shop” this is a side step ploy by them. A trick that means if you say anything about not being satisfied about the repairs you will not win. They will tell the Judge it is about not being happy with the repairs.
You must always remember, it is not about the repairs it is about Diminished Value and you must stay on that road. I told my client if they say anything about body repairs remind the Judge you are not here for the repairs you are here for the loss of value when selling or trading in the car in and the car having a bad Car Fax is giving Buyer Beware rendering a sure no sale, it is about loss of value.
We showed the Judge our evidence and gave him a Brief I had prepared with help from my attorney and friend. I explained Structural Damage and how the car was not made Whole as before, I explained how the car will be unsafe and how it will cause uneven tire wear. I also had an alignment sheet showing the arrows were not stacked meaning the alignment is within the lines but not perfect. I also proved I am a Certified Hunter Alignment Trained Technician. The Judge said you will get my decision in 2/4 weeks.
On 06-04-2019 I was in court with another client when I got a call from my client, he was ecstatic, he said the judge awarded him $8,115 for his Diminished Value case on 05-29-2019, we proved our case and it paid off.
He was very happy because before he filed his Diminished Value case he was told he did not have a chance of getting any more than a few hundred dollars if that from any INS Co for Diminished Value. So he thought about it and decided the $250 he will spend for the report is worth it and it paid off for him.
Keep in mind you are not allowed to have an attorney in small calms court but you can have an Expert Witness and an Attorney with you in Trial De Novo because it is a Superior Court where you will have to show evidence if you want to win as we did.
The bottom line is you can go for Diminished Value and if you prepare your case, you can win, not all cases will win but at least you have a chance to win.
On 06-04-2019 while in small claims court with another client my third Diminished Value case in Camarillo, CA on a 2018 Honda Accord. I gave the same explanation as I did in my Trial De Novo to the Judge and we were told a decision will be made in a few weeks. Two days after this trial my client called me to say she won and her awarded was $7,075, for Diminished Value.
Folks we are on a roll for Diminished Value so if you have been in an accident and your vehicle was repaired you are entitled to Diminished Value so why not go for it. The cost is relatively cheap at $250 for a Diminished Value report that may help you settle soon after but if you don’t we will go to small claims court or Trial De Novo with you (there is a separate fee with a 100% Guarantee win or you get refund in full for court fees)
If you use our service for Small Claim Court or Trial De Novo there is a fee and with our GUARANTEE you can’t lose. Yes, and we GUARANTEE if you do not win in small claims court you do not pay that $750 fee and it is in writing. If you go to Trial De Novo and lose you do not pay the second fee of $750, we ask the Judge to make the INS Co pay that.
I am a Certified Appraiser and I have been writing Diminished Value report since 2011 using a Formula that can be proven and the US Gov has given Copyrights to the Instruction of use of that formula. I write for law firms in Las Vegas that are winning and settling their Diminished Value cases with no problem. You can do the same here in CA or anywhere in the USA so you have three years from the date of your accident to file for a Diminished Value claim. TELL A FRIEND
Jackie Winters
Lemon Protection