Skip to main content

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

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.

+ Read More

Attorney answers 1


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.