Legal Question in Landlord & Tenant Law in California

I want to know if I have any legal recourse to appeal a small claims court decision after the 30 day period has expired. I was a commercial tenant with a slumlord (SL). I gave my notice to vacate and moved out within 15 days. The tenant did not return my $1,000 deposit within 30 days as per the lease agreement and did not provide me with an accounting for any repairs within 21 days per the CA Civil Code. Three months after I moved out I was served for the SCC case claiming that I owed past rent and a cleaning bill even though I was current on my rent and had the office cleaned. I received the decision in the mail and it said that I owed $1,500. The judgment included attorney fees for an Unlawful Detainer action that was never filed nor was I was never served. In fact, I had moved out months before. There was also a garbage bill that the SL told the judge she had paid even though I am still receiving this same bill. Can I file a claim against them in small claims court using evidence that the UD Action was never filed, the garbage bill was never paid by SL, that I was not late on the rent, my deposit was not returned, nor did I receive an accounting for repairs and the fact that I had left the premises clean? Or do I need to file a suit in Municipal Court to overturn the $1,500 judgment.


Asked on 9/15/11, 4:22 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

I guess the question one has to ask is why did you let the 30 day period for an appeal lapse without filing an appeal? You understand that an appeal from small claims court is actually a new trial in the Superior Court, and not limited to the court record from the small claims case? Once the appeals period has lapsed, the case is now considered to be "res judicata" as to the issues raised in that case, meaning, a judge in another case you may file which raises the same issues may rely upon the small claims court judgment to prevent you from going forward with the issues again. In short, you should have filed an appeal within that 30 days as the statement of decision provided, as you are now basically out of luck.

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Answered on 9/19/11, 1:16 pm


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