Legal Question in Real Estate Law in California
Appealing an unlawful detainer ruling
Is there an opportunity to appeal the decision of an Unlawful Detainer judgement? We spent 2 days in a court trial, our side pro per and theirs w/legal counsel. We would like to appeal the judgement as we dont believe our defense was properly heard and/or understand. We have a signed 1 year lease w/owner and he claimed it was forged.
1 Answer from Attorneys
Re: Appealing an unlawful detainer ruling
Yes, a final judgment by the trial court in an unlawful detainer action is appealable. The reviewing court will probably accept the trial court's factual findings unless there was a clear abuse of discretion. Since findings of fact are not usually reviewed upon appeal, your chances of success seem quite limited.
Another factor not in your favor is that trial court judgments become final and non-appealable within a fixed time after they are entered. This time is usually 60 days after you were served with notice of entry of judgment, but other events can set the 60 days in motion as well. Based on today's date, you are likely very close to the deadline for filing a Notice of Appeal if not already beyond it. Therefore, if you still wish to appeal, you need to see an attorney at once!
One of the benefits of legal representation at trial is that the possibility of the judge failing to understand your theory of defense is substantially reduced. If errors were made in presenting your case, the appellate division or court of appeal is not going to be very sympathetic.