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Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32319
Experience:  Began practicing law in 1992
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I went to small claims court and the temporary judge had no

Customer Question

I went to small claims court and the temporary judge had no idea what the law was to return the section 8 renters deposit. I was suppose to get $3000 back. My landlord had already taken me to court for an unlawful detainer that was previously decided by a judge that it was retaliatory and he threw the unlawful detainer out stating I owed her no money and I decided to leave when my lease was up. She never returned my last month rent or the deposit. I told this to the new temporary judge in the small claims court and he still beleive the landlord that I owed her money. I told him section 8 doors not allow any person on section 8 to move to a new apartment unless it is signed by the previous landlord that everything has been paid in full and this landlord signed this agreement. This judge must Own property's but he sure did not know the law and I want my money returned. I also do not want this to happen to any one else that is low income either. How much time do I have to get this rectified? Thankyou.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What do you mean by "get this rectified"?

Customer: replied 5 months ago.
I want my last month rent and deposit returned since I owed my landlord $0 money.
Expert:  Dwayne B. replied 5 months ago.

If the judge ruled against you in small claims court, and that's what it sounds like you're saying, then you can file a Motion for New Trial (it likely won't work) and then you have to appeal to get the case reversed.

If the Court of Appeals reverses the case then can "reverse and render" which is what you prefer because then they just enter a new judgment, or they can "reverse and remand" and then you go back to the same judge and do whatever the Court of Appeals says to do.

Please ask any follow ups in this thread.

Customer: replied 5 months ago.
I asked of I could appeal in marin superior court and they said no.
Expert:  Dwayne B. replied 5 months ago.

Did you file the small claims case or were you the defendant and filed a counterclaim?

Customer: replied 5 months ago.
I filed and this was a temporary judge that knew nothing about section 8 or/and knew nothing about a dismissed unlawful detainer because her claim was retaliatory and the previous judge said I owed her nothing. The judge in the small claims case said I had the burden of proof to show that I Did not owe her money...I felt it was another like I was in another unlawful detainer by his comments rather than I was there to seek return of my money. so both Marin housing paid her and so did I by her keeping my last month rent and deposit. What can I do?
Expert:  Dwayne B. replied 5 months ago.

Unfortunately, if you filed the original case then you are bound by the judgment and can't appeal. I thought you had been sued and then countersued, which is different.

You can still file a Motion for New Trial but that is your only option at this point.

Expert:  Dwayne B. replied 5 months ago.

I am going to be going offline in just a few minutes. If you have additional questions and I don't get them before I sign off then I will pick up and continue tomorrow morning.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 5 months ago.
I will need to follow up with you tomorrow afternoon then. No problem... Thankyou.
Expert:  Dwayne B. replied 5 months ago.

You're very welcome.

Please don't forget to leave Positive Rating. That locks the question open from this point on and it won't time out.

Talk to you tomorrow.

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