Legal Question in Appeals and Writs in California

Is a UD judgment against plaintiff stayed while plaintiff appeals?

We won a UD case as a pro per in Santa Monica; our landlord was attempting to evict us from our garage that is part of our rental unit/apartment. Now the LL has filed a Notice of Appeal, and claims that until the appeal process is over, we are still not entitled to possession of our garage (we've had it for over 23 years), and is demanding that we continue to pay a unilaterally-reduced amount of rent because the amenity (the garage) has been removed by LL's 30-day/3-day notice despite the fact that LL lost (we're still using the garage and have no intention of vacating it unless the decision is overturned). If we had lost and appealed, it's obvious that the eviction would have been in force unless we won an appeal or were granted a stay, but how can that be if the LL loses the case? Does a UD ruling automatically get set aside and the LL's defeated claim remain in effect when the LL loses and appeals? There was no stay or writ of possession requested by either party. I understand an appeal can take many months, and I can't believe that an already-defeated claim can remain in force during that entire time. Don't things revert to the way they were before the case if the LL loses, unless and until they win on appeal?


Asked on 12/17/08, 3:54 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Is a UD judgment against plaintiff stayed while plaintiff appeals?

Congratulations on winning your UD case. Tell LL to go pound sand.

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Answered on 12/17/08, 4:25 pm
Herb Fox Law Office of Herb Fox

Re: Is a UD judgment against plaintiff stayed while plaintiff appeals?

You are absolutely correct. Had you lost the UD and appealed, you would have had to get a stay order, which is discretionary with the trial court (Civ. Pro. section 1176). Having won, the landlord has no judgment to enforce during the appeal. You should continue paying the full amount of rent, of course.

I am a certified appellate law specialist with offices in Century City and Santa Barbara. Let me know if you need assistance with the appeal.

And best of luck!

Herb Fox

www.foxappeals.com

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Answered on 12/17/08, 5:06 pm


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