CA UD 10 months ago (extreme duress) judge said no oral agreement tenancy despite Civil Code 1624(a) (1) & (2). Provide process

Asked 9 months ago - Martinez, CA

Tenant and supposed landlord had oral agreement for tenancy of less than one year. Landlord removed tenant's items, continually harassed and stole from tenant, lied to others about tenant, removed items landlord `provided in room that tenant occupied -- even the Sheriff's Deputies helped him, the supposed landlord. Former tenant intends to appeal to the First District Court because tenant should have had a trial -- which both parties requested -- but the judge stated in the order that no tenancy existed because there was no written agreement, contrary to California Civil Code Section 1624. Please provide process former tenant can employ to appeal this completely illegal eviction.

Attorney answers (1)

  1. Charles Richard Perry

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . The appeals process is the same for other cases, and is started with a Notice of Appeal filed with the trial court. The Notice does not stay the eviction, however. You will need to pursue and prevail on a separate Request for Stay of Execution of the Judgment with the trial court in order to stay in the house until the appeal is decided.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,264 answers this week

2,771 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,264 answers this week

2,771 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary