Can I get the case dismissed if I didn't show up to landlord tenant small claims deposit lawsuit for bad faith?

Asked almost 2 years ago - San Diego, CA

My wife and I sued the Landlord in small claims 2 weeks ago and lost. Both our names were on the suit. My wife showed up, but not me, and she signed a court form giving her permission to appear for me (not sure what this form was).

We lost the case against getting our deposit back. Landlord did not counter-sue at that time. But probably will later.

Since I did not appear can I get this case canceled and refiled against the landlord at least on my behalf.

HELP, what can I do?

Additional information

NOTE:

The form given to her on that day was the "SC-109 Authorization To Appear"

The form was one provided by the court on the day of the trial because she did not appear. My wife checked the box stating that Spouse has permission to appear in court for case".

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . While it is not at all clear what "form" your wife signed (which could make a significant difference in your options), the general rule is that a plaintiff who lost a small claims court case because the plaintiff failed to appear for the trial can make a motion to vacate (cancel) the judgment. Use the following form:

    http://courts.ca.gov/documents/sc135.pdf

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Richard C Koman

    Contributor Level 13

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    Answered . you're done. plaintiff has no right to appeal. you consented for your wife to appear for you

    Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No... more
  3. Lara Ruth Shapiro

    Pro

    Contributor Level 11

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    Lawyer agrees

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    Answered . Unfortunately, your wife is able to, and did, appear on your behalf in the small claims case. That means that you did not "not appear" and therefore you have no basis at all on which to appeal. Your wife appeared for you both and you both lost. Your claim against the landlord is lost and cannot be appealed or re-filed in any venue (small claims or civil).

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Renting property

Rentals are houses, apartments, or similar where the resident pays the building's owner for the right to live there, usually under the terms of a written lease.

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