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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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How do I file an appeal to an judgement in unlawful

Customer Question

How do I file an appeal to an judgement in unlawful detainer? Eviction is set for 4- days from now
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  FamilyAttorney replied 4 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute, type your answer and then I’ll be right back. I promise I haven’t disappeared but am working on your answer.

Can you tell me what state this is in? Each state has different methods for appeal and I'm an appellate attorney. Thanks.

Customer: replied 4 months ago.
California. Contra Costa County
Expert:  FamilyAttorney replied 4 months ago.

Okay, thanks for that.

As an appellate attorney, I would strongly recommend that you get an appellate attorney who does landlord-tenant work to do an appeal. It has to be done correctly and the procedure is not easy. Most lawyers don't know how to do appeals unless they specialize in appellate work. Since my work is now limited to appeals (I used to be a litigator), I see a lot of things that lawyers do who don't regularly do appeals and they're pretty sad.

That being said, I would urge you to get an attorney if you can, one who does appeals.

The procedure in Cal is this:

A tenant who loses an unlawful detainer lawsuit may appeal the judgment if the tenant believes that the judge mistakenly decided a legal issue in the case. However, the tenant will have to move before the appeal is heard, unless the tenant obtains a stay of enforcement of the judgment. The court will not grant the tenant's request for a stay of enforcement unless the court finds that the tenant or the tenant's family will suffer extreme hardship, and that the landlord will not suffer irreparable harm. If the court grants the request for a stay of enforcement, it will order the tenant to make rent payments to the court in the amount ordered by the court and may impose additional conditions.

A stay is usually done by a motion or request for an order of a stay, which will keep the status quo so that you can remain in the apartment or house while the appeal is being heard. It has to be done immediately or you will have the eviction happen before the court grants the stay, so you'd have to work on it this weekend.

Expert:  FamilyAttorney replied 4 months ago.

The other thing you can do is this: get a relief from forfeiture. Relief from forfeiture - an order by a court in an unlawful detainer lawsuit that allows the losing tenant to remain in the rental unit, based on the tenant's convincing the court that the eviction would cause the tenant severe hardship and that the tenant can pay all of the rent that is due, or otherwise fully comply with the lease. You can try to request this of the lower court, and if that fails, you can try to request this of the appellate court.

Expert:  FamilyAttorney replied 4 months ago.

You have to ask for the Stay before the date of eviction in your Sheriff’s Eviction Notice. The Judge will not consider a Stay on the date in your notice.

You have to call your landlord or their attorney before 10:00 a.m. on the court day before you ask for your Stay. "Court day" does not include holidays or weekends. You simply tell them that you will ask for a Stay on whichever day you plan to ask for it.

Next, you have to fill out the proper paperwork to ask for the Stay. The proper format for the Stay is in Rule 3.1200 - 3.1207 in the California Rules of Court .

Expert:  FamilyAttorney replied 4 months ago.

I'm opting out. Thank you.

Expert:  Richard - Bizlaw replied 4 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Did you have any questions about the process?