Kernrechtsfrage
Whether the appellate court violated Art. 9 BV by ignoring the document proving the setoff claim for party costs of CHF 2,513.40.
Extrahierter Entscheid
Yes. The court overlooked a submitted appellate judgment, so its statement that the claim was not documented was arbitrary.
Extrahierte Begründung
The judgment of 10 May 2000 had been filed in the legal-opening proceedings and proved the counterclaim; the contrary finding was therefore factually incorrect and arbitrary.