Phoenix, AZ asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California

Q: How to file an Appeal for limited civil case in a unlawful Detainer eviction Just cause. Possession of property.

Couldn’t remember if I was supposedly served by summons UD around time I was severely sick or if I found it on my door as landlord had posted 2 violations of lease. Minor noise an corrected it. And stated number two. I asked. They brought number one noise complaint 3 days apart after being a excellent tenant over3 years. Until this new tenant moved in below me and was the main frame of this whole picture but invisible to see as they covered him up and laid dirt on me instead of it being the opposite.

I also got a 3rd another 3 days later for subletting cure Or quit. But I wasn’t subleasing. 3 weeks later had total 7 complaints I sent from his violations. Then I am assaulted, evidence swollen face and threatened and did lawful order and called police. Press charges on aggressive new tenant. Who violated his lease in 3-4 categories within a month! But he paid rent. I wasn’t Under CDC. Two weeks after. 3 day notice to Quit - Nuisance. Month later claims another notice never got

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Filing an Appeal is a technical and difficult task, even for an attorney, and you need to hire one to protect your rights. The problem is that an appeal is a "review of the record" of the trial, and what you are mentioning in your post is the evidence that you should have put on at trial. Unless you have outstanding reasons for not presenting evidence at trial, you cannot put in new evidence on Appeal. An Appeal is not a re-trial of your case. Contact a local Landlord/tenant attorney in California.

1 user found this answer helpful

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