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Need some advice please

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sopawdi1

Guest
What is the name of your state? California

I filed a small claims case against my former landlords for the return of my security deposit. Please note that I had been a tenant of theirs for over 10 years. I gave the proper 30 day notice to vacate because I was finally able to afford a home instead of renting. On the day I moved, I took pictures of EVERYTHING in this unit. Also, the landlords refused to do a walk-thru with me. Instead they send me a 'Final Disposition of Security Deposit' claiming all sorts of damage that are totally untrue. I sent them a certified letter, per their instruction, disputing these charges, to which I have pictures showing no damage, but, they NEVER picked up the letter (Post Office attempted 3 different times to deliver this).

I went to court today and was astounded by the procedure followed by the Judge. To begin with, the judge NEVER asked me to present my case and explain why I was suing. Instead, he went straight to the defendants, asking them to show proof of repairs and costs. The defendants gave him a copy of a receipt for carpet and linoleum. The judge focused solely on the carpet and not on any other damages they were claiming. I might add, the receipt they showed the judge was for the replacement of carpeting in 2 units. Not once did the judge acknowledge me. He then asked the defendants why they were not filing a countersuit??? When they told him they didn't want to cause a hardship on me, the judge said "Alright.....judgement for the defendant". At that point, I said, "Excuse me, your Honor. I have pictures showing no damages as they are claiming." He said "I don't want to hear it. Judgement for the defendant".

I am SO dismayed by our judicial system because now I do not have any recourse. Can ANYONE give me advice?
 


I

I AM ALWAYS LIABLE

Senior Member
sopawdi1 said:
What is the name of your state? California

I filed a small claims case against my former landlords for the return of my security deposit. Please note that I had been a tenant of theirs for over 10 years. I gave the proper 30 day notice to vacate because I was finally able to afford a home instead of renting. On the day I moved, I took pictures of EVERYTHING in this unit. Also, the landlords refused to do a walk-thru with me. Instead they send me a 'Final Disposition of Security Deposit' claiming all sorts of damage that are totally untrue. I sent them a certified letter, per their instruction, disputing these charges, to which I have pictures showing no damage, but, they NEVER picked up the letter (Post Office attempted 3 different times to deliver this).

I went to court today and was astounded by the procedure followed by the Judge. To begin with, the judge NEVER asked me to present my case and explain why I was suing. Instead, he went straight to the defendants, asking them to show proof of repairs and costs. The defendants gave him a copy of a receipt for carpet and linoleum. The judge focused solely on the carpet and not on any other damages they were claiming. I might add, the receipt they showed the judge was for the replacement of carpeting in 2 units. Not once did the judge acknowledge me. He then asked the defendants why they were not filing a countersuit??? When they told him they didn't want to cause a hardship on me, the judge said "Alright.....judgement for the defendant". At that point, I said, "Excuse me, your Honor. I have pictures showing no damages as they are claiming." He said "I don't want to hear it. Judgement for the defendant".

I am SO dismayed by our judicial system because now I do not have any recourse. Can ANYONE give me advice?
Click to expand...

My response:

There's nothing more you can do. You're stuck with the judgment as it is because you, as the plaintiff, have no right to appeal.

IAAL
 
S

sopawdi1

Guest
I appreciate your response and I realize I do not have a right to appeal. However, could I file a civil suit? The 'Judge Pro Tem' did not allow me to present my case. In his own words "I do not want to hear it. Judgement for the defendant." I had witnesses and evidence to dispute what the defendants were stating. They even went so far as to state that on a few occassions I had been at least 2 months behind in my rent when I have cancelled checks and receipts for every month from April 1993 thru June 2003 when I vacated the property.

I just don't understand why I was not allowed to present my case.

Thank you for letting me sound off. It doesn't make me feel any better about the whole ordeal. I want to write a letter of complaint about the proceddings that occurred. I was given the name of the supervisory Judge to complain to, so I'm mulling over how I should write the letter in a professional manner.

Thanks again. You have been very helpful.
 
I

I AM ALWAYS LIABLE

Senior Member
sopawdi1 said:
I realize I do not have a right to appeal.

MY RESPONSE: Apparently, you don't realize it - - or you wouldn't be asking the next question, below.



However, could I file a civil suit?

MY RESPONSE: No. You're trying to make an "end run" around the Small Claims Rules and "Trial de Novo" procedures. Your issue in the matter that you filed is now "Res Judicata"; i.e., it cannot be relitigated in any court. It's over. It's a done deal.

IAAL
Click to expand...
 
S

sopawdi1

Guest
Your attitude is unbelievable. I was being very polite and cordial to your response and all I get back is a rude a** remark? I hope to God that you are not a real attorney. I would hate to think of you representing ANYONE. Apparently, per your responses to other people, it is my opinion that you do not believe any one person could be as smart or smarter than yourself.

As I stated before....I DO realize that I can not appeal this decision. I worked for the courts for over 10 years. I was asking your opinion on the court proceedings that happened in this case. Obviously, you can't answer that.
 
I

I AM ALWAYS LIABLE

Senior Member
sopawdi1 said:
Your attitude is unbelievable. I was being very polite and cordial to your response and all I get back is a rude a** remark? I hope to God that you are not a real attorney. I would hate to think of you representing ANYONE. Apparently, per your responses to other people, it is my opinion that you do not believe any one person could be as smart or smarter than yourself.

As I stated before....I DO realize that I can not appeal this decision. I worked for the courts for over 10 years. I was asking your opinion on the court proceedings that happened in this case. Obviously, you can't answer that.
Click to expand...

My response:

My attitude is just fine. If you don't like it, go pay for your needed advice.
All because you fail and refuse to understand what I'm telling you, doesn't mean my "attitude" is rude. Your questions have been answered. Everything else that you're crying about is completely, and wholly, irrelevant. It doesn't matter that, in your opinion, the judge didn't listen to you or look at your evidence. It's too late. The case is over. It's a done deal. It's final. How many more ways could I tell you the same, god-damned thing? Geez, you have GOT to be a woman! That's the only explanation I can come up with for your stupidity, and purposeful ignorance.

And, what do you think a Small Claims court case is, anyway? If it's not a criminal case, then it must be a . . . that's right, a "Civil case". And you worked for the courts for 10 years, and you've never heard of the phrase "Res Judicata"? Wow, and you never learned the difference between Civil and Criminal - - the two forms of court systems we have in California?

And yes, after 24 years of practicing law in California, I'd say I'm pretty "smart" - - and a lot smarter than you, that's for sure. But, that's not too difficult to accomplish.

IAAL
 
S

Shay-Pari'e

Senior Member
(QUOTE)Geez, you have GOT to be a woman! That's the only explanation I can come up with for your stupidity, and purposeful ignorance.(QUOTE)


I was enjoying your post, until I saw this.
 
I

I AM ALWAYS LIABLE

Senior Member
--PARIDISE-- said:
(QUOTE)Geez, you have GOT to be a woman! That's the only explanation I can come up with for your stupidity, and purposeful ignorance.(QUOTE)


I was enjoying your post, until I saw this.
Click to expand...


My response:

Breaks my heart. You know, it really breaks my heart to read what you think.

IAAL
 
S

sopawdi1

Guest
Need advice please

This response is directed soley to IAAL:

You must be a little, little man. Are you a woman-hater? Or just a hater in general?

The remarks you made were totally uncalled for. Is this the way you conduct yourself as a professional? You certainly do not have the abearance of a professional. You must be one of those attorneys the deputy clerks hate to help. A VERY demanding little man. Does your mommy have to wipe your a** too?

For your own information "Res Judicata" means a matter adjudged. I do know the difference between Civil and Criminal.

I have come to the conclusion, since you can not comment without being obnoxious, that you do not have an opinion on the proceedings that took place. And I thought you had an opinion for EVERYTHING!
 
I

I AM ALWAYS LIABLE

Senior Member
My response:

Yup, just as I thought - - an idiot woman who can't keep her story straight.

So, if you knew the definitions, then why did you ask your questions, hmmmmmmm?

You're an Idiot Stick.

IAAL
 
S

sopawdi1

Guest
Need advice please

In response to IAAL:

I have kept my story straight, little man. As I stated before, I have come to the conclusion, when you are incapable of providing an opinion of court proceedings that took place, you are only able to provide insignificant rhetoric that only reflects on you as a........human being?

If you are ever in the Central Court of Orange County, please announce yourself. It would be a privilege to meet an arrogant F***ing A**h*** as yourself.
 
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I

I AM ALWAYS LIABLE

Senior Member
My response:

Oh, what an idiot you are, lady.

All because you SAY you kept your story straight, doesn't make it so. Take a look at it again. You ask if you can "appeal" the judgment by filing a "Civil Case", when all the time, you were in CIVIL court. Then, you don't know what Res Judicata is until I forced you to look it up, because if you had known, you would NEVER have asked if you could file again in CIVIL court.

And, there's so much more, but you tire me with your obvious idiocy. Face it - - you're a loser and you'll always be a loser.

IAAL
 
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