Legal Question in Landlord & Tenant Law in California

Is there an appeal process for unlawful detainer?

My wife and I are being evicted from our home of 7 years because we requested a service animal for her disability and the landlord refused. The landlord filed a UD against us and has moved for a summary judgement.

We sued the landlord for unlawful discrimination and retaliation and we also filed a DFEH complaint. These are both pending. In the meantime, we requested the UD judge to join both cases. The judge refused and now we face the prospect of a UD judgement long before our lawsuit can be resolved. Is there an appeal process in San Mateo County (or California) for a judgement in a UD case? We believe the landlord is using the UD as ''leverage'' against the lawsuit. Thanks.


Asked on 2/10/06, 5:05 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Is there an appeal process for unlawful detainer?

There is an appeal process and it is too complex to describe in much detail here. If you are represented by counsel in the discrimination lawsuit, ask the attorney for a referral to an someone familiar with appeals and/or UD law. Otherwise, call the lawyer referral service of your local county bar asssociation for assistance.

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Answered on 2/10/06, 5:17 pm
J. Spikes Property Law Center

Re: Is there an appeal process for unlawful detainer?

It sounds as if your case is not yet ripe for appeal, as there has been no final judgment on the motion for summary judgment. At this stage, you are attempting to do is to stop the landlord from evicting you while the other claims are pending. Both you and the Dept. of Fair Employment and Housing can request an injunction to stop the UD, while it is determined whether the landlord is trying to unlawfully evict you. You can go in ex parte for a temporary. Since you have a complaint pending, it might be possible to get the State of California behind you in requesting the injunction. You need to do it immediately.

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Answered on 2/10/06, 7:20 pm


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