I should have known...

After being awarded full damages when my tenant no-showed in court, I received a certified letter with her appeal. She wants the case reopened because her failure to show was due to leaving the notice in the moving truck. And she would prevail if the case were reopened because the eviction was based on retaliation from landlord. (Uh, no. The eviction was because you stopped paying rent.)

Certified letter? Is that how notices for court are delivered? Not around here - they are served by the sheriff and first class mail.

I once had a tenant send me a phony notice by certified mail. Called the court - they said "What is the case number?" No case number. Therefore no court. Even though it looked official with time and date of court etc.

Call the court Make sure it is really a hearing.

GO! In Person!

If you used a lawyer, take him along.

If you don't appear, then you have no opportunity to present your side of the issue or to challenge whatever the other side says. So the judge will have to make up his mind on the basis of what he hears from her.

I don't know anything about your courthouse, but it may be possible for you to appear by telephone. Ask the court. Also, ask yourself if you will be at any disadvantage by not being there personally. For example, if the other side wants to present any exhibits, do you think that you need to be there to examine the exhibit yourself?

1. If you can easily confirm that the hearing is real, please do so. Here, it would be on-line.

2. If there is a hearing, attend. The issues are (1) whether the Tenant's failure to attend and defend is excusable and (2) if the Tenant has a valid defense to present if given a second chance. Your argument is (1) the Tenant had proper notice of the hearing, (2) the tenant could easily have verified the date/time of the hearing if the Tenant really did lose the notice, and (3) there is no defense to the non-payment of rent eviction.

Then, NE's point is a great one for you raise -- if the Court is to give the Tenant this second opportunity, the T should be required to post all unpaid rent with the court!

If it's an inconvenient day for you to go to court, perhaps you could be there by phone/skype?

I have not seen that on CCAP for tenant cases, but have seen people "in court" so to speak by telephone for other cases.

Robin,

Immediately, before the judge accepts her letter, deliver (have your atty do this if you are out of town) a motion to deny her motion to appeal. Fight back. This is what attys do- file motions to combat motions.

I would include that she is knowledgeable of the eviction process, is a paralegal, has the resources of her attorney employers, was very vocal about the process all along, and her claim she left the letter in the moving truck proves she knew to ne there.

Be aware the judge might allow her motion as a favor to his legal collegues.

Golly, I hope you have good move in pix.

Some court situatioms will allow you to add atty fees if extra hearings take place.

I've never heard of phoning in a court hearing. Cannot imagine that in my town. Altho persons incarcerated appear by video camera, their image projected on a blank wall in the courtroom!

(Maybe a hologram of yourself in 20 years! "Help me Obie Wan Kenobe!")

Best to ua!

BRAD

Many of the Courts in California allow telephonic appearances through a private company called CourtCall. Although I take advantage of this for some simple appearances, where all we have to do is consult each other's calendars for scheduling purposes, I do NOT use CourtCall for any contested matter.

For a contested matter, I want to be able to see the judge and opposing counsel. In person, I can convey far more than when I am simply a voice on the phone. I need to be able to observe what points catch the judge's attention, what points are wasted effort, ... I am more effective in person.

So even if you are allowed to call it in, go in person!