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.


Asked on 1/23/12, 2:33 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 1/23/12, 3:42 pm
George Shers Law Offices of Georges H. Shers

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.

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Answered on 1/23/12, 4:34 pm
Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 1/24/12, 6:25 am


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