Legal Question in Landlord & Tenant Law in California

We were served with a unlawfull detainer and went to trial (possession was dismissed and not an issue due to us giving 30 day notice and moved out then landlord filing a unlawfull detainer ) for rent not being paid we the defendant were pro per so not to bore on details this was the main issue

1) Our realtor assist and wrote our rental lease w plaintiff but had few changes in the lease agreement

2) because our landlord received the old lease agreement with signatures rather them the revised one he used that in court to prevail even that we proved up like old lease rent was $2600 revised rent $2500 and got that rent for a year !

3) revised lease had agreement I would do landscape work to offset rent and other changes that old lease didn't have

4) we received the judged (commissioner) order and we lost but all her info on how she came up with decision was all wrong !! The dates all wrong info given to her at trial were all wrong amounts of monies are all wrong !! She also never included our $4000 security deposit that our move out check list was 100% in favor to us !

My questions are:

1) Can I /we appeal ? If yes how ? and how long do we have ( keep in mind we moved prior to him filing for a UD so it's all about the money )

2) I tried to contact our realtor to forward us our signed copy of the revised lease agreement and he has avoided my calls can I subpoena him and his firm ? Or can I sue him ? I believe he did sent the landlord the old lease ( and since this landlord had so many other legal issues with all other past tenants and he has lied and was caught in one by this judge that he used the old lease to use in court )

Thank you

Andre


Asked on 8/13/16, 9:02 pm

1 Answer from Attorneys

1. You can always appeal, but don't say whether you were in Small Claims or regular court. The question of timing can't be answered without that information.

2. Only if it is a Small Claims appeal, which results in a new trial. If the case was decided in regular Superior Court you had your only chance to present evidence at the trial. Appeals from regular court rulings only take into consideration the evidence presented at the original trial.

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Answered on 8/15/16, 12:44 pm


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