Legal Question in Civil Litigation in California
I got sued for unlawful detainer. After a short trial, the judge ordered judgment in my favor. The plaintiff has now appealed, and I noticed for the first time in looking at the court file that the actual judgment was signed by a court clerk. Is this a valid judgment, or is this going to get reversed and we have to start all over again?
1 Answer from Attorneys
It is likely that the judgment was signed by the judge or commissioner, and the form that you saw (with the clerk's signature on it) was a notice that the judgment had been sent out, by mail, or delivered to the parties.
I have sat as a Judge Pro Tem, in landlord tenant court, for about 14 years, throughout Los Angeles County. I have found that each court is different in how the judgment is written. In some courts, there is a form on a sheet of paper. In many courts, there is a form that is stamped on the file folder. In other courts, there is no form, at all. The judge simply writes the judgment on the file folder or a sheet of paper.
Look through the file. You will likely find the judgment, signed by the bench officer.
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