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We were not disclosed as tenants in caliofnria lead paint or the heater not working. i called both building code and lead safe

San Diego, CA |

we sued in small claims for 1942.5 & harrassement. we were served with a 60 day notice and then a week later a 3 day to quit in retaliation for calling the government agencies. they found high levels of lead paint with hazards. Two notice of violations in hand, 3 videos of harassment. Police incident reports.
we lost our case.
the defence had no evidence. they said i was harassing people.
the landlord did not disclose.
the judge wrote the court finds the that plaintiffs claim is not sufficently supported to overcome the defense evidence by a preponderance.????
I filed a sc-108 for a retrial. the judge did not let that happen.
now my only hope is to send the information to the presiding juge
am i just wasting my time since these judges are biased????

we were forced to move. or rent now is more expensive. the landlord did not disclose the lead paint results to us . we clearly want justice but this country is going down hill.

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Attorney answers 2


I understand your frustration

Are the judges biased? I don't know. You will need specific evidence. People who lose at trial tend to blame the court. If they did not think they would win, they would not go to trial.

Are you wasting your time? Yes. The court could not grant a retrial because you did not like its decision. Instead, you would have to show that it applied the wrong law. Small claims proceedings are meant to be fast and final.


yeah, it is a very difficult situation but I suggest a live and learn strategy here. Sometimes these fights are just not worth the effort.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.