 ? Atty fees, small claims (by Mick [CA]) Oct 15, 2016 1:05 PM
 ? Atty fees, small claims (by Jim in O C [CA]) Oct 15, 2016 1:49 PM
? Atty fees, small claims (by Mick [CA]) Oct 15, 2016 2:00 PM
? Atty fees, small claims (by Jim in O C [CA]) Oct 15, 2016 2:30 PM
? Atty fees, small claims (by Robert [CA]) Oct 15, 2016 2:32 PM
? Atty fees, small claims (by Mick [CA]) Oct 15, 2016 3:42 PM
? Atty fees, small claims (by Mick [CA]) Oct 15, 2016 3:44 PM
? Atty fees, small claims (by Jim in O C [CA]) Oct 15, 2016 4:51 PM
? Atty fees, small claims (by Mick [CA]) Oct 15, 2016 5:34 PM
? Atty fees, small claims (by Moshe [CA]) Oct 16, 2016 9:24 AM
? Atty fees, small claims (by mick [CA]) Oct 16, 2016 11:40 AM
? Atty fees, small claims (by Mike45 [NV]) Oct 16, 2016 2:07 PM
? Atty fees, small claims (by mick [CA]) Oct 16, 2016 3:27 PM
? Atty fees, small claims (by Jim in O C [CA]) Oct 17, 2016 7:59 AM
? Atty fees, small claims (by Mike45 [NV]) Oct 17, 2016 9:32 AM
? Atty fees, small claims (by Mick [CA]) Posted on: Oct 15, 2016 1:05 PM
Message:
State Specific Question About: CALIFORNIA (CA)
At eviction court, I did not claim attorney fees in the stipulation. According to my lease I can recover $1k. Is filing suit worth it? Is this a win? --76.238.xxx.xxx |
? Atty fees, small claims (by Jim in O C [CA]) Posted on: Oct 15, 2016 1:49 PM
Message:
No I doubt you would prevail in small claim court if the defendant shows up. If you get a default judgement the defendant can still appeal and waste more of your time and you would probably lose. --108.89.xxx.xx |
? Atty fees, small claims (by Mick [CA]) Posted on: Oct 15, 2016 2:00 PM
Message:
@Jim
What would be the possible appeal defense? --76.238.xxx.xxx |
? Atty fees, small claims (by Jim in O C [CA]) Posted on: Oct 15, 2016 2:30 PM
Message:
It was not requested in the original eviction hearing. Remember this is California not a rational state when it comes to tenants and landlords. --108.89.xxx.xx |
? Atty fees, small claims (by Robert [CA]) Posted on: Oct 15, 2016 2:32 PM
Message:
Sorry to say you most likely will loose in small claims court! Why? Because you went went to eviction court that took you lease into consideration and then drew up a stipulation settlement. If your tenant did not fulfill their part of the stipulation, then you can go after other remedies. This is only my opinion. --47.151.xx.xxx |
? Atty fees, small claims (by Mick [CA]) Posted on: Oct 15, 2016 3:42 PM
Message:
@Robert - tenant did breach the lease and my (new) attorney filed a dec for a money judgement and it was approved -- so maybe that's my window? --76.238.xxx.xxx |
? Atty fees, small claims (by Mick [CA]) Posted on: Oct 15, 2016 3:44 PM
Message:
@Jim - this is true. I have really raised the bar on screening tenants. --76.238.xxx.xxx |
? Atty fees, small claims (by Jim in O C [CA]) Posted on: Oct 15, 2016 4:51 PM
Message:
Mick, make the bar a skyscraper. Where is your property located? --108.89.xxx.xx |
? Atty fees, small claims (by Mick [CA]) Posted on: Oct 15, 2016 5:34 PM
Message:
@Jim- San Diego - a hard market even for "c" neighborhoods. --76.238.xxx.xxx |
? Atty fees, small claims (by Moshe [CA]) Posted on: Oct 16, 2016 9:24 AM
Message:
What (exactly) does the stipulation say?
Does it say that tenant agrees to pay a certain sum and/or move out, and that landlord agrees to forgo the forced eviction? Then, thats the agreement, and if you (or your attorney) didn't add the attorney fees to the stipulation agreement, then its over.
On what basis would you go to Small Claims Court? That you forgot to add that sum to the stipulated settlement? LOL
--47.139.xx.xxx |
? Atty fees, small claims (by mick [CA]) Posted on: Oct 16, 2016 11:40 AM
Message:
On the stip there is a fill-in blank for rent owed and attorney fees. Nothing is added in the attorney fees blank space. When I asked my attorney at trial about the fees he said we would get it later. His all around representation was not up to par and I asked him to sub out a few weeks after the hearing.
I don't want to waste time in filing suit though. I can eat the cost if it comes down to it. However, I'm thinking if I have to file suit for damages anyway then I can tack on attorney fees and see if it flies. --76.238.xxx.xxx |
? Atty fees, small claims (by Mike45 [NV]) Posted on: Oct 16, 2016 2:07 PM
Message:
Sorry, Mick, but the atty fees you incurred in the eviction should have been covered in the stipulation in the eviction case. But not including those in the stipulation you waived them.
--71.2.xx.xxx |
? Atty fees, small claims (by mick [CA]) Posted on: Oct 16, 2016 3:27 PM
Message:
Long shot: do you think I can recover the fees from the original attorney? Seems like a rookie move not to include attorney fees in the stip. --76.238.xxx.xxx |
? Atty fees, small claims (by Jim in O C [CA]) Posted on: Oct 17, 2016 7:59 AM
Message:
Mick, call it to his attention that he screwed up. Ask for a 50% discount . --108.89.xxx.xxx |
? Atty fees, small claims (by Mike45 [NV]) Posted on: Oct 17, 2016 9:32 AM
Message:
Mick, if you already paid, unlikely. If you still owe, maybe he'll discount to get the cash! Since you are unhappy with this guy and will not use him again, you can always ask.
--71.2.xx.xxx |
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