"Wait for an Appeal"

[gryndor]

What is the name of your state? California

I had a question about the technicalities of the appeal process for small claims.

Reza, my former LL, decided to sue me for non-payment of rent. I thought this was ludicrous as I have records of every payment going through, and so I waited for the court date. As the month went by, my former LL's time to return my $2800 security deposit expired, so I filed a counter-claim for that amount. When the day of our case arrived, the judge awarded Reza nothing on his claim, and awarded me all $2800 on mine.

Reza has 30 days to cough up the deposit, but instead he calls me this morning and says that he plans to appeal. I returned his call and informed him that he didn't have that ability as the Plaintiff in the case. He returned with that he had been the Plaintiff on his case but in the position of Defendant in the counterclaim, so since the counterclaim was awarded and he was technically in a Defendant position he has the ability to appeal the judge's decision.

Is he right? Or full of crap?

The judgement paperwork says Plaintiff: Reza, Defendant: Me, and it says "Plaintiff shall pay Defendant $2800 principal and $50 costs on Defendant's claim."

That seems pretty black and white to me, but I want to make sure and I can't find an applicable answer in the great land of www.

Thanks a million,
Gryn

 

[Happy Trails]

What is the name of your state? California

I had a question about the technicalities of the appeal process for small claims.

Reza, my former LL, decided to sue me for non-payment of rent. I thought this was ludicrous as I have records of every payment going through, and so I waited for the court date. As the month went by, my former LL's time to return my $2800 security deposit expired, so I filed a counter-claim for that amount. When the day of our case arrived, the judge awarded Reza nothing on his claim, and awarded me all $2800 on mine.

Reza has 30 days to cough up the deposit, but instead he calls me this morning and says that he plans to appeal. I returned his call and informed him that he didn't have that ability as the Plaintiff in the case. He returned with that he had been the Plaintiff on his case but in the position of Defendant in the counterclaim, so since the counterclaim was awarded and he was technically in a Defendant position he has the ability to appeal the judge's decision.

Is he right? Or full of crap?

The judgement paperwork says Plaintiff: Reza, Defendant: Me, and it says "Plaintiff shall pay Defendant $2800 principal and $50 costs on Defendant's claim."

That seems pretty black and white to me, but I want to make sure and I can't find an applicable answer in the great land of www.

Thanks a million,
Gryn

Unfortunately for you, your LL is correct.

Information found:

http://www.kern.courts.ca.gov/appeals.asp#sc

The plaintiff may not appeal a small claims case. Only the defendant or the plaintiff who was the defendant in a counter-suit may appeal the ruling of a small claims case.

LL was the defendant in the counter-suit.

 

[seniorjudge]

He returned with that he had been the Plaintiff on his case but in the position of Defendant in the counterclaim, so since the counterclaim was awarded and he was technically in a Defendant position he has the ability to appeal the judge's decision.

This is correct.