Right of Contribution

[TheYellowMeow]

What is the name of your state (only U.S. law)? California

After being illegally evicted from an apartment by an emotionally and verbally abusive ex-boyfriend, a judgement was made citing right of contribution to pay half of the rent for the term of the lease. The judge made a point of suggesting that I should have returned to the apartment with a sheriff and exerted my right to occupy the apartment while continuing to endure the emotional abuse from the previous partner. My request is to be informed if this seemingly terribly unjust judgment will stand based on current California law or if I should pursue an appeal. Thank you.

 

[LordofBooks]

You are always certainly entitled to try and appeal your case, but it can be a costly endeavor. Without knowing more details about your case, it's hard to guess what may or may not happen in regards to your success on your appeal. However, from my experience, contribution judgments are notoriously hard to dispute.

 

[latigo]

What is the name of your state (only U.S. law)? California

After being illegally evicted from an apartment by an emotionally and verbally abusive ex-boyfriend, a judgement was made citing right of contribution to pay half of the rent for the term of the lease. The judge made a point of suggesting that I should have returned to the apartment with a sheriff and exerted my right to occupy the apartment while continuing to endure the emotional abuse from the previous partner. My request is to be informed if this seemingly terribly unjust judgment will stand based on current California law or if I should pursue an appeal. Thank you.

PLEASE hire an attorney and appeal the stupid decision. It was an unconscionable and flagrant abuse of judicial discretion for the judge to base his/her ruling on the conditioned of your agreeing to subject yourself to such a patently threatening environment!

Also, I want you to promptly file a complaint with the California Commission on Judicial Performance.

To do so, go to cjp.ca.gov and follow the links.

(I would love to watch the blood drain from the face of that unfit, pompous s.o.b. when he receives notice from that oversight body and contemplates having his beak permanently removed from the public feed bag!)

If you cannot afford an attorney, get in touch with a local chapter of the ACLU! You will find them by doing a simple search.

But do not sit on this! Time is of the essence. You don’t want to miss the deadline for filing the notice of appeal. If time is running out, the clerk of the court may be able to furnish you with a DIY instruction sheet.

And I will thank you to please keep us/me posted.

Lastly, unless you act promptly the judgment will indeed “stand”!

 

[latigo]

You are always certainly entitled to try and appeal your case, but it can be a costly endeavor. Without knowing more details about your case, it's hard to guess what may or may not happen in regards to your success on your appeal. However, from my experience, contribution judgments are notoriously hard to dispute.

Would you care to explain why it is notoriously more difficult to “dispute (sic) a judgement for contribution” than to sustain an appeal from other kinds of civil judgments?

Do the appellate rules in your neck of the woods vary between different types of civil judgments? Rule wise some easier, some more difficult?

If so, please explain how they differ. And perhaps share with us your “experience” with appealing "judgments for contribution" in both defending and prosecuting the same?

Also, other than that the OP labeled it so, why are you characterizing the judgment for one of “contribution” without knowing whether the claim was at the behest of the co-lessee or the landlord?

And if the landlord, what would be the nature of the landlord’s cause of action - for “contribution” or something else - for instance “anticipatory breach of contract”? And under what circumstances would such a cause of action ripen?

Also, if the claim was pursued by the co-lessee alone, do you know of - and can you cite - any case law that would justify an award against the OP for “anticipated contribution of future rent”?

Would not such an award be purely conjectural considering that the co-lessee might die, abandon the premises or be ejected for violating the terms of the lease agreement?

And given the advent of one of those probabilities, plus the requirement that the landlord make a reasonable attempt to re-let and mitigate (and does so successfully), who is to be enriched by the so-called “judgment for contribution”?

The co-lessee? The landlord?

Regardless of who filed the lawsuit, a reviewing tribunal would be compelled to overrule it as a matter of law; notorious or otherwise.

 

[OHRoadwarrior]

So OP entered into a contract and a relationship. The relationship went sour so OP assumes they should be let out of their contract. If this were permissive, we would have more massive defaults on car loans, mortgages etc.. by people who made poor choices. I suggest OP pay her bill and make a better choice of bed buddies in the future.

 

[dcatz]

If the OP doesn’t like a judgment, by all means appeal it or something is very likely to stand. What that something is, I’m not sure and wasn’t when this was posted. The ruling that the OP has led some to believe was made - that any relief granted or denied was conditioned on the resumption of residency - is, if nothing else, beyond the power of the court by the terms of the Small Claims Act (see CCP sect 116.220 et. seq.) I’m inclined to regard the OP’s summary of the proceeding as perhaps unintentionally unclear, but to definitely do so with a critical eye. It wouldn't be the first time, I’d leave analysis alone until the ruling is clarified. The discussions above should confirm the sense in that.

Except when exigent circumstances demand it, Small Claims cases are heard by Commissioners or judges pro tempore. The judges of the Superior Court appoint the Commissioners and the CJP shares oversight responsibility with the court (something will go to the courts first and, since the court can revoke the appointment, it will be more egregious than this to go further).

The pro tems apply and are admitted into a regular and rigorous training program and limited assignments. Some have served for years (5 years of practice is required to apply) and some are retired judges. The parties must stipulate to have them hear a case and all proceedings are recorded. The court programs have original oversight, then the court’s Chief Judge, then the State Bar. The CJP has nothing to do with the pro tems and they hear a lot of cases.

A bench officer may have injudiciously wondered aloud about some aspect of a case (and there may be justifiable consequences or not), but that is not the same as a ruling. If the OP does keep FA informed, it will be interesting to see what develops and why. Until then, it may be wise to modulate the ire.

OP - Get your appeal filed first, if you're so inclined. Then write a letter to the presiding judge; it will move forward properly, if it's warranted. They're sensitive in matters of judicial conduct, but my guess at this point is that it has a snowflake's hope in hell of hitting the CJP and I hope I'm right.

 

[latigo]

OP - . . . . . . . Get your appeal filed . . . . . . . . Then write a letter to the presiding judge; . . . .

Judges DO NOT accept informal correspondence from litigants!

When received they are lodged in the court file – unopened.