Legal Question in Real Estate Law in California

Motion to Vacate Appeal for Landlord/Tenant Deposit return

I rented an apartment to woman. She gave her 30 day notice and moved out. She had a $400 Deposit. I sent her a check for $255 and a list of charges breaking down the remaining $145. She took me to small claims for $1000 for what she wrote "bad faith statutory fine". The marshal made 6 attempts to serve me. My job is 100% travel so I don�t come home during the week. I never say a marshal. I knew a marshal was looking for me because he spoke with my boyfriend who lives in the apartment downstairs but the marshal never left the notice with my boyfriend. The marshal ended up serving the receptionist of the office in Irvine where I am assigned to for administrative purposes only. She claimed she mailed it to me but I never got it. I never even met her. Needless to say I missed the court date and the plaintiff was awarded $750. I don�t understand how she could be awarded $750 + expenses when I only charged her $145. I filed a motion to vacate, and the judge denied the motion. I appealed the denial and I am waiting for the court date for superior court in Santa Ana, CA.

My questions are:

1. How could she be awarded the extra money?

2. How can I win the case?

3. Would it be worth getting an attorney?


Asked on 11/05/99, 4:52 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Motion to Vacate Appeal for

It is hard to say what happened at the trial or why the award was so high without more information. An attorney may be worth it if you are sure you can win. An attorney would probably cost you � of the $750. you might think about giving her a call an offering � the award as a bird in the hand before the case goes to court.

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Answered on 11/09/99, 2:36 am


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