Legal Question in Landlord & Tenant Law in California

Defective UD Stipulation oand Judgment

My room mate and I are Pro-Per. Our case was continued to the 20th from the 18th. The attorney of record did not show up both times. We had a great case against the landlord. Many Violations of law. Landlord refused our rent for over one year. We had proof. In seven years, We were never late with the rent, etc. My room mate a deal with the landlord before court and before the landlords substitution arrived. Pay him the $7,800.00 certified check we had saved in back rent that we had saved that he did not collect, and to stay in the premises, agreed to rent increse from $650.00 to $800.00 starting this November with no rent increse until July 2010. He agreed. The Substitued attorney arrived. He filled out a LASC UD Stipulation and Judgment Form with that agreement. He added $500.00 attorney fees and $230.00 costs. When we signed the agreement, and gave the $7,800.00 check to the landlord we did not know our judge was not able to hear us that day, he had a Jury trial setting up. We sat in the court room for 20 min. The attorney went up to the clerk again came back and told us to go to the hallway, gave a copy of the stipulated & judgment, went home. He failed to state we paid the $7,800.00it said to pay in two days or be evicted,


Asked on 8/25/08, 3:22 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Defective UD Stipulation oand Judgment

What is your question?

I assume it is whether the substituted attorney can add legal fees and costs.

This is a new one to me.

Without researching, if you had a deal with landlord before court, and lived up to it at the trial, it is up to landlord to tell judge what occurred, and for the landlord to get rid of the "substituted" lawyer.

I find it very hard to believe that you were able to set aside $7,800 and not retain a landlord tenant attorney to represent you

Good luck!

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Answered on 8/25/08, 10:44 pm


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