Before my daughter moved out of her apartment she gave the landlord 30 days written and oral notice. In the move she lost her copy of the notice. The landlord did a walk through and approved it, never mentioning that there was any problem, but he didn't return her security deposit or give her any accounting / invoice within 21 days. She took him to small claims court and won her case, but he has now appealed the ruling. The landlord can have a lawyer this time and I was wondering if my daughter should risk not having a lawyer since it's really beyond her means. The landlord has done many things to her during her tenancy that could be construed as being hostile. I was just wondering if anyone else had been in this situation or could give advice on how to approach the appellate court. We live in Los Angeles County and this is my frist post. My name is Ken and my wife and I are both retired. My daughter is a single Mom and lives with us.

Often in court, a person without an attorney will lose because of court procedures, An attorney will take advantage of the inexperienced person and often make motions and the such that you don't answer correectly to help them win.

But then if the deposit is 1000 is it worth spending 1200 on an attorney to win.?

Fr_Chuck, Thanks for your response. Does the defendant have to file a (substitute of attorney form) if he is going to have an attorney? It sure would make things much simpler if my daughter could find her copy of the 30 day notice, she is still looking.

Not up on the exact procedure for your court ( or even which court would hear the appeal from small claims court. It can very.

What is the grounds for appeal? Does she have a signoff on the walkthrough?

Small claims court is generally more informal and not as tied up in procedure.

An appeal from Small Claims court may go to the court of general jurisdiction, often called a superior court. So the appeal may be just a new trial, in effect. Look at the notice and tell us what it says.
Check this: "Either party can appeal the judgment. The appeal, unlike the small claims suit, must be tried in a more formal manner that strictly follows all the rules of evidence and procedure. You usually need a lawyer to represent you in an appeal."http://www.legalzoom.com/legal-articles/suing-california-small-claims-court.html

Thanks George_1950, ScottGem and Fr_chuck,
According to the small claims rules here, only the defendant can appeal and it's a new trial in the Superior Court. The only difference is that either party can have an attorney. She did have a walk-through and the landlord signed off on it. I'm pretty sure that if the landlord is planning to have an attorney, that he has to notify the court and my daughter by using and substitution of attorney form which is notice that he being represented rather than just doing it himself. The judgement she won in small claims was for $1275. And the judge told the landlord that "the law is the law and you didn't follow it". I think that my daughter can hold her own against the landlord, but against an attorney probably not. I don't know the grounds for the appeal, I think just disagreeing with the ruling is enough.
Thanks, Sincerely
Ken

The law probably states that the landlord has x days to return the deposit or a written statement of repairs. This is really a very cut and dried matter. As long as she has the signed and dated walk through, I don't know what possible grounds he has to appeal.

Landlords are used to filing suits and winning, not getting sued and losing. He probably filed the appeal to get time to get his attorney to look over the case.

Thanks George_1950, ScottGem and Fr_chuck,
I think you all made very good points and I will consider your answers carefully. I appreciate your comments and will keep you posted as things develop.
Sincerely,
Ken

Quote:

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Originally Posted by LouisesDad

I don't know the grounds for the appeal, I think just disagreeing with the ruling is enough.

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Hello Ken:

Let's HOPE that's the reason, because it won't hold up. The only issues that are appealable are rulings that are contrary to law, such as the judge didn't let in a particular valuable piece of evidence.

However, just not liking the outcome ISN'T appealable.

excon

PS> Facing a similar situation in my past, with a little study, I kicked the lawyers butt in Superior Court. He even specialized in evictions. It was really very satisfying...

This Is ken and it's all over now. We won the appeal because the Landlord and his lawyer tried to dummy up a letter notifying my daughter that he wasn't going to return her deposit on the grounds that she didn't give him 3o days notice. The judge didn't buy it and found in my daughter favor. The landlord requested that he could make installment payments and she just received the last payment. It felt great to beat him and the lawyer. Thanks for al the help, sincerely Ken.