Legal Question in Landlord & Tenant Law in California

In a recent LASC Unlawful Detainer case based on a 60-day Notice to Quit, the plaintiff prevailed. The landlord served the notice on the defendant in retaliation for the tenant exercising their rights reporting employees to management and or employees and management to the landlords corporate offices, for relentless harassment and threats, habitability and maintenance issues, rights to quiet enjoyment (nuisance), unsanitary conditions, and illegal activities of employees over an extended period of time. The plaintiffs only witness was employed at the property only 2-months unaware of the existence of any of defendants allegations therefore denying any occurrence. Moreover, the plaintiff, committed perjury in testimony in almost every response intentionally slandering the defendant. The court disallowed nearly all evidence the defendant produced without hearing out the relevance to the retaliation. What remedies does the defendant have to reverse the decision, receive due punitive damages, and bring the plaintiff up on perjury charges? Defendant does not want possession. (LASC)


Asked on 8/19/11, 11:57 pm

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

The defendant in a Small Claims case has 30 days to appeal the decision and then the matter is sent to Superior Court for normally what is no more than a 15 minute trial with it being treated as though there had been no SC decision, but the judge being able to see what the judgment was. These hearings are notorious for the judge not paying attention nor giving the parties adequate time to present their case, so be sure to present a written summary of your case with citation as to what evidence supports each allegation.

In a court of law the party can say just about anything about the other party, as long as it is relevant [which is a very broad area] without it being actionable as defamation. Only the DA can act on perjury charges and since there is a lot of that during trials few cases are prosecuted.

You have a very long list of allegations, which means you lived in a dump, had a horrible landlord, or may be exaggerating what you consider slights against you. If you can not afford an hour of an attorney's time [could be $150-300 per hour] you need to go to someone knowledgeable and objective and hear what they think of your claims as a judge will have an initial negative reaction that you "protest to much."

[not proof read]

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Answered on 8/20/11, 9:51 am


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