Legal Question in Real Estate Law in California

Ex-Landlord appeals clear judgment against him

Hi,

I recently sued my landlord in small claims

court because he failed to refund a $300 deposit

which he called ''nonrefundable'' and for not

reimbursing me the $120 I had to pay Pacific

Bell to install a working phone line in the rental.

The judge made a very quick judgment in my

favor for the full amount and explained

to my ex-landlord that deposits are never

''non-refundable'' per CA Civil Code 1950.5(l)

and he never sent me a letter explaining where

the deposit went within the required 21 day

period. He also explained that per CA Civil

Code 1941.4, the landlord is required to

provide a working phone line and thus had to

reimburse me for the Pac Bell charge.

To my surprise, the landlord has retained an

attorney and has appealed the decision! So

back to court we will go.

My question is this: what appeal strategy could the

landlord possibly have to reverse the decision?

I can't think of anything logical here especially

since the judge was so clear on his ruling and clearly

explained that the landlord operated outside of

CA laws.

Thanks


Asked on 10/18/02, 2:24 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Ex-Landlord appeals clear judgment against him

Hmmmmm, sounds like you're dealing with someone who is very unreasonable here, or there are facts you didn't mention. Hiring the lawyer will cost him about as much as paying the judgment, maybe more.

If you win on appeal (a small-claims appeal is actually a new trial in Superior Court, but generally following simplified small-claims-like rules and procedures), you may be eligible for an award of costs and fees. See Code of Civil Procedure section 116.790.

It's possible the landlord is using the appeal as a delaying tactic or to harrass you.

Read more
Answered on 10/18/02, 3:24 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Ex-Landlord appeals clear judgment against him

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You apparently are dealing with a landlord who doesn't like to lose or, put another way, wants to win at any cost. Given the facts as you have stated them, pusuing a trial de novo in Superior Court doesn't make economic sense unless your landlord's attorney is a friend or relative or someone else who is working for free. Get a book from Nolo Press and bone up on how to defend yourself. Or if you decide to hire a lawyer, make sure s/he asks the court to award you attorney fees and costs.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Read more
Answered on 10/18/02, 4:34 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California