2 Verdicts on Small Claims Judge

During the 10 years that I operated a business in Newport Beach, I often resorted to small claims court to collect on customers’ bad checks. I disagree with Joseph Bell’s characterization of Commissioner Richard Sullivan as arrogant and contemptuous. I have had many opportunities to experience firsthand the administration of justice by Commissioner Sullivan. Although stern and demanding, his decisions were always fair. Mr. Bell has unrealistic expectations of our small claims courts and our judges.

Mr. Bell expects our small claims judges to excuse sloppy preparation and to hand-hold litigants. He complains that he was denied treble damages because Commissioner Sullivan flatly refused to ignore the strict requirements of California Civil Code Section 1719. One wonders if Mr. Bell would really have found Commissioner Sullivan’s decision more palatable had it been delivered in an entertaining style, or had he been met at the door by Doug Llewellan of “The People’s Court.” No matter how sociable the judge, the result would have been the same.

Although courtroom rules are relaxed for small claims cases, legal principles are not. Justice demands that plaintiffs meet the same burden of proof required in other civil courts. Preparation for a small claims case often requires a trip to the county law library or a telephone call to the small claims adviser whose number is listed in brochures freely available from the court clerk. Mr. Bell simply did not do his homework.

I lost my last small claims case before Commissioner Sullivan. Like Mr. Bell, I, too, was told that there was no time for explanations. My persistence was rewarded with gruff permission to wait until the last case was finished and ask again. I will never forget that dialogue; it changed my life. Determined to understand the mysteries of jurisprudence, I entered and recently graduated from Western State University College of Law. Thanks to Commissioner Sullivan, I am now embarking upon a new career as a lawyer. Had he been less of a curmudgeon it might never have happened.

ROBERT D. BILLS,

COSTA MESA