I am a los angeles landlord and my property has been damaged by tenants after living there for only 18 months, the deposit does not cover the damages, they took me to small claims court and won. I appealed and lost, I was awarded a small sum, but I have not been allowed to claim my legal fees from taking the tenants to court to recover my rent owed during the tenancy, they have damaged my floors and the pool and, took items from the property when they left, they amassed a huge water bill, i have not been allowed to claim for cleaning the property.

Can I bring a separate case against them in the small claims court or another type of court, can I lodge another appeal on the same case that I lost.

excon

Hello o:

There are a few holes in your story that I'm going to try to fill.

Although you don't say so, you sued them too, and apparently won a small judgment on your cross-complaint that either happened in your new trial, or it was affirmed by the new trial..

The new trial judge didn't award you legal fees, but you don't say why... That fact alone isn't appealable, however.

I don't believe you can appeal a small claims judgment beyond one level, but I could be wrong. Your appeal rights, if any, though,, should be spelled out on the judgment paperwork you received from the court. If not, ask the clerk of court. If they won't tell you, buy a copy of the "Rules of Civil Procedure" for the court you're dealing with from your local college bookstore. It'll tell you for SURE.

Next; If you lost your claim for damages OR you didn't make that claim when you had the opportunity, you cannot sue them again over the same incident. You only get one bite at the apple.

If THOSE would be the grounds for your appeal, then it really wouldn't matter if you have RIGHTS to appeal. You can't appeal a decision just because you don't like it. You have to cite legal error.

excon

Fr_Chuck

You can not sue a second time for things that were already covered in court.

If you sued for damages to your property ( you never said that you sued ??) It appears you won but did not win the amount you wanted ????

But if that is the case, sorry that is the end of it, you lost for some reason,
1. did not prove they caused the damage
2. did not prove actual cost of repair or replacement
3.did not document evidnece
These are common reasons landlords lose in court

After that you said they sued you , why did they sue you, what ahppened and what did they win from court.

So with the little, conflicting info you listed, my off the cuff is no, you had your chance , was not ready for court and lost.