Legal Question in Landlord & Tenant Law in California

What can i do went to court i as defendant in an unlawful detainer case. i have affermative defense the landlord was evicting me on retalitory basis since i excersised my right to call code enforcement for habitabilti. the landlord breeched the warranty of habitanilty. in court the judge did not want to hear my defense even after i handed himthe notice fromcode enforcement stating �substandard/dangeroeus housing he did not even dlance at it.

the judeg was focused on plaintiff who said he jst wanted his mobil home back cause he didn�t want to rent it anymore. the judge then said � i�ve made my judgement and it�s for the plaintiff. i was floored i ask the judge �your honor there are errors on the notice and complaint and you wont hear my affermative defense� the he very stearnly said �judgement for the plaintiff� and slamed his gavel got up and left the court room.. i stood there in disbelife plaintiff left following judges advice on filing the judgment for writ of execution. telling him exactly what to do??? the only ones left were the bailiff, and court clerk i looked at them and they looked at me with a look of �what just happened� i asked them � i know your clerks of the court �but you all have the same look as me� all three of them in unissance smiled and shook ther heads. i knew then that its not what you know its who you know� my profession was an (l.l.r.a) legal law reasearch analyst (retired)� how ever now i feel violated!! raped!! of my rights! is there no justice?? i know options please help!!! c.c.p. secs. 170.1 through 170.5--or file a peremptory challenge--pursuant to sec. 170.6.


Asked on 9/04/09, 11:45 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

It is too late to challange ther judge as he has already made his ruling. You have thirty days from the rulning to appeal and have a trial de novo. If your agrument is that the place is not fit to live in, then why do you contlnue to live there? That is how most people would react and what might have been the basis for the decision, even though the case law suggests it is a false analysis.

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Answered on 9/05/09, 2:21 am


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