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solidzane · Dec 13, 2012, 08:45 AM

My mother is trying to evict someone from one of our houses in California... She went to court yesterday and the case was thrown out because the Judge believed the tenant when she said she had been paying rent to my father... She never paid any rent to my father... He wasn't in court because he was at work... He couldn't turn it around and say that she hadn't paid him anything... So the case was dismissed and my mom is going to try again... In your opinion, is there any chance of us winning? Would the court do anything about the lie the tenant told?

Thanks in advance!

AK lawyer · Dec 13, 2012, 12:20 PM

The only direct evidence the court had at the hearing was the tenant's word. If next time, either on a motion to reconsider or a re-flied eviction case, you get your father in the courtroom to testify that he had received nothing, the judge is likely to see through the tenant's delay tactics.

ScottGem · Dec 13, 2012, 02:35 PM

Or you bring a sworn statement that no rent was paid and require the tenant to prove that payment was made. Produce proof that tenants are given receipts for cash payments.

Though I must admit I'm surprised that a judge would just take the tenants word for it. Its hard to prove a negative. The tenant should be able to prove by receipts or cancelled checks, that they paid. So they should be required to do so.

ballengerb1 · Dec 13, 2012, 06:10 PM

I agree with Scott, judges want proof like cancelled checks. Maybe there is more to the story than you have been told. Wsa mom in court or did your side now show at all?

solidzane · Dec 14, 2012, 01:18 PM

There could well be more to the story... I put what my mother told me. She was the only one in court... It is a weird case really... The rental agreement was verbal. In all honesty, the agreement was broken months ago. Mom only just filed mid November... 3 day pay or quit followed by unlawful detainer... I'd try to get more info from my mom, but it seems like she's turned our house into a war zone because my dad wasn't there...

Just being slightly ignorant here... W/Could it be considered perjury when the judge finds out the truth at the next eviction hearing? That's the one thing my mom wants me to find out... The rest of the question was mine...

ScottGem · Dec 14, 2012, 06:05 PM

Depends on the terms of the hearing. If the tenant testified under oath, then it is perjury. But that doesn't mean a prosecutor will prosecute.

AK lawyer · Dec 15, 2012, 08:17 AM

Originally Posted by ScottGem;

Depends on the terms of the hearing. If the tenant testified under oath, then it is perjury. But that doesn't mean a prosecutor will prosecute.

For one thing, the burden of proof is "beyond a reasonable doubt" in a criminal perjury prosecution. Could well be that the judge won't believe the tenant in the eviction case (where the burden of proof is "more likely than not"), but a jury in a criminal case can't be persuaded, "beyond a reasonable doubt" that the tenant was lying.