justin2003
Member
What is the name of your state? CA sacramento county
First off, I'd like to thank the many posters. I won my unlawful detainer case on summary judgment.
My attorney royally screwed up.
1) he informed me that if I won, I would receive all the money I put forth in litigating this case. When in fact, the cap is $425.
Local rule 9.12
I understand this cap is instituted to protect tenants from landlords. I am the tenant and I won. Where can I find legislative notes on the intent of the enacting body?
2) The exception to local rule 9.12 is if the case is frivolous. I believe my case was frivolous. LL served me with a 60 day notice. I tried to pay 4 times but he still served me with a 3 day pay rent or quit notice. I still tried to pay. I won.
3) Attorney had to file a motion for fees within 15 days of the notice of entry of judgment. he filed in 25 days with a request for relief.
4) He did not argue in the motion that I should receive the full amount paid according to the exception.
The questions I have:
1) is this obvious malpractice?
2) may I sue the LL and recover the remainder of the monies as it was stated in my lease (prevailing parties shall recover fees and costs in association with)...I really don't want to sue my attorney...he'll make it harder for me
3) the judge took the fees hearing under submission, may I file a brief in the interim and serve the opposing side?
4) may I appeal the judgment if I only get $425 and may I assert new facts on appeal?
Thanks
First off, I'd like to thank the many posters. I won my unlawful detainer case on summary judgment.
My attorney royally screwed up.
1) he informed me that if I won, I would receive all the money I put forth in litigating this case. When in fact, the cap is $425.
Local rule 9.12
I understand this cap is instituted to protect tenants from landlords. I am the tenant and I won. Where can I find legislative notes on the intent of the enacting body?
2) The exception to local rule 9.12 is if the case is frivolous. I believe my case was frivolous. LL served me with a 60 day notice. I tried to pay 4 times but he still served me with a 3 day pay rent or quit notice. I still tried to pay. I won.
3) Attorney had to file a motion for fees within 15 days of the notice of entry of judgment. he filed in 25 days with a request for relief.
4) He did not argue in the motion that I should receive the full amount paid according to the exception.
The questions I have:
1) is this obvious malpractice?
2) may I sue the LL and recover the remainder of the monies as it was stated in my lease (prevailing parties shall recover fees and costs in association with)...I really don't want to sue my attorney...he'll make it harder for me
3) the judge took the fees hearing under submission, may I file a brief in the interim and serve the opposing side?
4) may I appeal the judgment if I only get $425 and may I assert new facts on appeal?
Thanks
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