Legal Question in Landlord & Tenant Law in California

If you can prove what you have said, you should win. You seem articulate so while you might need more detailed advise from an attorney as to what you should argue and produce, you probably can handle the court appeaance.

I assume that he served you with a three day notice and that is the basis of the suit, and not also a thirty day notice to leave because he is not renewing the month to month tenancy. If he accepted any payment from you for any part of the period cited in the 3 day notice, that negates the notice and suit and he must reserve you with a new notice as to what rent is owed and for what periods of time.

If the above does not apply, then it becomes a "he said she said" argument. Bring in your check register and perhaps copy of yor bank's web statement of the transactions as to your checking account [make copies of the relevant pages and put on one sheet of paper; balnk out account number and other irrelevant data you do not want others t see]] to show what you paid per month, the amount of the down payment, that he cashed your check that he denies cashing [you might want to file a cross-complaint against him for that money], and to prove any other facts to which he is lying. If there is more than 30 days before the trial date, you could send to him written requests to produce documents to find out if he has any documents. You will emphasize to the judge that you are producing documents to prove your testimony and he has produced nothing to either refute your testimony and exhibits or prove his, so he has failed to carry his burden of proof.