At your upcoming appeal over the presumed adverse small claims decision, you need to state in your paper work for the appeal as well as argue that the magistrate that heard the small claims matter discussed your case with the defendant the day before the hearing without you being present.Be prepared to submit declarations of yourself and all witnesses that you have to support this serious accusation. The reason that it is so serious is that if true, the trial that you had was not fair and the magistrate hearing it was biased before the trial even started against you.At the small claims appeal, you ask that the decision be overturned and that a new trial be set before a whole new magistrate that does not know any of the parties.