Appeals court is final. There is nothing they can do to overturn the court's decision. In my original trial, the regular judge was away so I had a temporary judge and sometimes you may get a commissioner. In Appeals court, it is a sitting superior court judge.
This is supposed to be a trial de novo - a new trial where the evidence is heard all over again.
This time, I was prepared with the financials of what I had put for a deposit and what I got back as well as all the evidence. I did call out that the other side doctored my walk thru papers and that I never got my copy (this is why you need to take pics of your walk thru papers).
Before the roll call - I didn't have time to head to Room 630 to request Priority so I went up to the guard to let him know this is my third time to Appeals due to time running out.
I had discovered that the landlord had scratched out all the information I had put on my check about the date giving notice and date I was vacating. I had a bank print out of the cashed check. The landlord admitted to scratching out the information since they didn't agree with what was written. It's not illegal to scratch out information but it showed that they knew I was moving out and was trying to be very difficult on accepting that I was giving notice.
All of this including the email with the notice to vacate didn't fly too well with the judge since he told them they had full knowledge of me moving out. Always send anything in the mail certified so that there is proof of receipt if you do send anything in the mail.
The judge was very no nonsense as I'm sure he has heard thousands of these types of cases.
In Appeals, the decision is sent in the mail. I didn't know this and was a bit stressed since I had a decision immediately in the original trial. I got mine a few days after the appeals date but it can be a couple of weeks. This decision is final and I won. Since I was more organized with the financials, I got my deposit back with a small amount for court costs. Yay!
Now it's up to you to collect!
No comments:
Post a Comment