Legal Question in Real Estate Law in California
We sued our son's landlord in small claims court. We won. He is appealing. Are their forms I need/should file before going to superior court? This is in Santa Barbara.
3 Answers from Attorneys
Congratulations, I think, on your win. Why did you sue his landlord (as opposed to your son suing on his own behalf)? You might want to hire an attorney to appear at the hearing, or at least to prepare a "trial brief." If you had a contract with this landlord and there is an attorney fee clause in the contract (as there is in most residential leases), your attorney fees will be recoverable if you win.
Mr. Stone is correct. There are no new papers to be filed. The case is heard as though there was no prior decision; you have the burden of proof. I do not recall if you have rent control there, as that imposes additional restrictions on landlords.
There are no forms that you are required to file. You may want to file a motion, depending on whether his appeal is timely.
An appeal from a small claims decision is to the Superior Court, and a different judge hears the case. It is considered a trial de novo, meaning you will have to present your entire case again, including witnesses and evidence, without regard to what happened before. Unlike the small claims trial, however, you are entitled to have an attorney.