Legal Question in Civil Litigation in California
I live in CA and after my live-in girlfriend moved to AZ, she sued me for half of my house (that I owned 5 years previously), saying that I verbally promised it to her. The jury awarded her all of her 8 1/2 years of rent money back plus 2 1/2percent interest. I appealed it and lost the appeal- the appeals court said that it was ok for a jury to oversee this case and that clear & convincing evidence was not needed.
Because it's a money only award (and not an attachment to the property), my new attorney advised that I file bankruptcy in order to avoid paying her the $.
Common Law does not exist in CA and I am still in disbelief that the jury awarded her despite lack of any evidence that I promised her the house. Is there a law firm that will represent me pro bono to a higher court? Or what other options do I have?
Is this a precedent case? And if it is, does this now mean that tenants can successfully sue landlords for part of the equity in their real property?
2 Answers from Attorneys
You can appeal a decision, if you do so timely, and are willing to pay the substantial fees and costs necessary. It is a financial decision based on 'risk vs reward', or 'cost vs benefit' analysis. You could re-post this request and seek an appellate attorney. Civil Litigation is now over.
It sounds like you have been doing this without a lawyer up until now. That would be the main reason you are in this situation. Unfortunately, if you have already taken it to the Court of Appeals, there is no higher court that is going to take it. You only get two bites at the apple, trial and appeal, as a matter of right. After that you have to convince the Supreme Court that your case is appropriate to take up. They basically will never take on that has been handled in pro per at the trial and appellate level.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
