Full question:
What are the proper forms and filing procedures for a tenant in Alameda county to appeal a default unlawful detainer court ruling(non jury trial). The tenant did not show up. Amount of monies involved were less then $10,000.00. Landlord filing deadlines for the case were exceeded and should have lost the case if tenant were present at trial.
- Category: Judgments
- Date:
- State: California
Answer:
If you disagree with the judgment, you can file the following:
Motion to Vacate: This motion is for parties who have default judgments against them. If granted, the default judgment will be vacated, and the case will be reset for trial.
Motion for a New Trial: You can file this under certain circumstances. Start by filing a Notice of Intention to Move for New Trial with the clerk and serving it to the opposing party within fifteen days of the judgment notice. This notice must state the grounds for the motion. Then, file the Motion for New Trial within ten days of the Notice. The court will schedule a hearing within sixty days from the judgment date.
Notice of Appeal: An appeal is not a re-trial, and new evidence is not allowed. An appeal should not be filed simply because you believe the judgment was incorrect. It is not the appellate court's role to re-weigh evidence. Note that filing an appeal does not stop the enforcement of the judgment. The landlord can still collect money or proceed with eviction despite the appeal.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.