Q: I had a landlord tenant case that went terribly wrong. I paid my rent and the case was filed against me same month.
A breach of contract was at the heart of the case. The judge stated the tenant overpaid and did not owe (on the court reporter record) yet Judge ruled against tenant. I requested a new trial paid attorney fees but was never given the new trial and was forced to move in 4 days. I believe my rights have been eroded, I have damages and may have permanent nerve damage in both hands. I want to seek Justice but feel let down by the legal system. The situation could have made my family homeless. Please advise.
A:
Sounds to me like you were given conveyor belt justice. What has happened in California State Courts is atrocious. The State has cut the budget of the judicial system to the bone at the same time that court case volume keeps increasing. The Judges do not have the time or resources to really review cases and understand the facts and law. They are inclined to push them out the door as quickly as possible or force the parties into settlement by creating uncertainty of result.
At this stage, you may have a claim for unlawful or retaliatory eviction. There are not enough facts for me to judge. You have no claim against the court system. But is it really worth your time and effort to pursue this any further? You may just have to accept the outcome and benefit from first hand knowledge that the court system in California is broken and avoid going to court in the future by putting mandatory arbitration provisions in every contract you sign.
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