Legal Question in Appeals and Writs in California

We appealed and won but can she still take us to court

We (my husband and I) were taken to court after our previous tenant took us to small claims court for her remaining deposit of $785,we both went to court for this and lost, my husband went to appeal for both of us because i had to work, the judge heard the case and said we won but since I was not present , said that the tenant can still take me to court. At this point am i still accountable for the previous settlement against me or does my husband's appeal stand for me too?


Asked on 4/27/02, 5:52 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: We appealed and won but can she still take us to court

It is not possible to know what the judge meant that the tenant could still take you to court. If you and your husband are joint landlords, and the tenant won against both of you, and you both appealed but only your husband appeared at the appeal hearing (which is a new trial),then you also won. There cannot be inconsistent judgments for a joint liability - you have to both be treated the same.

You should get a copy of the appeal judge's ruling, called a minute order since it is a superior court proceeding. You will be able to understand what he meant when you read the paperwork, and compare the tenant's original written claim, the small claims judgment for the tenant, with the "appellate" minute order.

Read more
Answered on 4/28/02, 9:24 pm


Related Questions & Answers

More Appeals and Writs questions and answers in California