Legal Question in Landlord & Tenant Law in California

My wife and myself were victims of unfair administration of justice. It's an unlawful detainer case for an alleged unpaid rent. Our defense were:

1. Unlawful detainer was not covered with a 3-day notice, instead a 10-day notice was served not recognized in CA code of civil procedures.

2. Documentary evidences were presented in the proceeding, such as copies of checks to prove payments, documents of income change pursuant to HUD procedures were denied by the judge.

3. Allegations in the unlawful detainer complaint were unverified in contrast to what plaintiff's lawyer indicated in his verification statement.

I represented myself in the court proceeding, because I cannot afford the services of a lawyer and yet the judge wanted me to act and present my case as a lawyer and had always been interrupted and shut-off. Evidences, therefore were not given due significance. And the final judgment, we were found guilty. What should we do to clear ourselves?


Asked on 8/24/15, 4:37 am

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

When you choose to represent yourself, you are not supposed to be treated any differently than would an attorney. Some judges will give pro pers a bit of leeway, but they are not required to. That is the risk you take in representing yourself. If you are not happy with the judgment and you feel the court did something wrong, your options are to file a motion for reconsideration, perhaps some other motion, and/or an appeal.

You did not do well at the trial court level. Post trial matters and appeals are more complicated. You really should contact a local landlord tenant attorney.

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Answered on 8/25/15, 7:50 am


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