Legal Question in Appeals and Writs in California

Hi,

We bought a rental property but previous owner refused to transfer tenant's security deposit over to us so we took them to court. They filed a counter suit claiming we owe them property management fees. The judge awarded us $3573 (the security deposit amount + a portion of the june's rent they collected from tenant). The judge also awarded them $430 for management fees on their claim. Now they filed an appeal. Will they be able to bring up the management fees again at the appeal hearing? They have no legal basis for not transferring the security deposit over to us (to new owner/landlord). Do I have to fight their management fees claim again?

Thank you.


Asked on 12/22/11, 6:18 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If the action was a small claims action, then they have no right to appeal from their counterclaim. They can only appeal from the judgment against them on your claim. If this is something other than a small claims appeal, then the answer would be different. Send me a private e-mail if you need more information based on other facts.

Read more
Answered on 12/23/11, 12:33 pm


Related Questions & Answers

More Appeals and Writs questions and answers in California