Legal Question in Civil Litigation in California
short version. i sued a tenant in small claims. a leak not reported for 10 days caused mold and therefore no insurance coverage. tenant admits to 10 days without reporting, note from management co. confirms, phone recording confirms. pictures supplied. judge decides that mold takes months to form (it only takes 48-72 hours). denied claim. no appeal in small claims but premise is faulty. I don't think that judge was related to tenant but is certainly an idiot. judge allowed tenant to show rental payments from past landlords to prove he was a good tenant. hearing took nearly 2 hours. can judgement be vacated?
2 Answers from Attorneys
You are not likely to be able to vacate the judgment.
No. Giving up the right to appeal was one of the trade-offs you made for the advantages of bringing your case in small claims court. That you actually would have had a strong basis for an appeal does not change the fact that you waived your appellate rights at the start of the case. (Small claims defendants have the right to appeal because they are not the ones who chose to be in small claims court.)
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