Legal Question in Landlord & Tenant Law in California
I was served a UD from my landlord. They serviced me improperly. I sent them an Answer. They replied and the court automatically set a trial date. I didn't even have time to put together evidence or see their evidence. The morning of the trial we decided to settle out of court with me coming up with my back due rent within 2 weeks. I agreed and signed a a settlement agreement.
The next day I learned about my right to DISCOVER and my right to request more time to gather evidence and review the evidence presented. I also learned about my right to APPEAL after judgement.
My questions is this: Did I give up my right to DISCOVER and APPEAL if I signed a settlement out of court. I did NOT sign a judgement and the judge did NOT rule the case. I simply signed an agreement to pay them money. I feel that I was backed in a corner and taken advantage of.
Is it too late?
1 Answer from Attorneys
First, by filing an answer to the lawsuit you waived the right to raise defective service of the summons and complaint. When you file the answer, you are in effect acknowledging receipt of the summons and complaint, and making an appearance in the lawsuit. A demurrer or motion to quash would have been the correct first-filing.
As to the discovery, appeal, etc... yes, you almost certainly have no right at this point to do anything to further challenge the lawsuit. You can attempt to move to set-aside the settlement, but it is a complex, and not-often granted motion. You need to ask yourself the question - what good will it do? If you owe the rent, then there really isn't much in the way of triable issues to go back and try to re-open the case. You must bear in mind (particularly in the zip-code where you are located), the courts that hear these unlawful detainer lawsuits are not very pro-tenant, and unless you have a really solid case to defeat their UD, there is no point in going back now and trying to start over. You have almost certainly, by signing a settlement agreement, waived any right of appeal, and have released the landlord of any wrong doing they may have inflicted on you in the past. While I wish you good luck, I don't see much point in going back and trying to start over. Unfortunately, a judge isn't going to give any play to your claim that you signed the settlement because you didn't know you had the right to delay and/or request discovery from the landlord.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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