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  1. #1
    Join Date
    May 2012
    Posts
    2

    Default Judgment Entered Against Prevailing Party in an Eviction

    My question involves an eviction in the state of: California
    I was not evicted as I withheld partial rent due to habitability (heat) several months back. Landlord eventually filed unlawful detainer. Went to court. Stipulation for judgment signed by judge read essentially that Landlord must remedy heat issues to a certain degree by a certain date and then rent would resume after that. Weeks went by and they kept running my heat up through this bathroom (insufficient not-up to code) heater for hours during the day to test. Eventually they got it close, but did not meet what was listed on the stipulation. So I was told this judgment was in my favor, and we did not want to go to an evidentiary trial because it is now almost summer. There was apparently and OSC and Order, Stipulation and Oath for Temporary Judge but I know nothing about that, there are no details in the file. The landlord took more time to do repairs, and even though still not up to code, want to let it be dismissed (and me pay rent) but now it’s over the 60 days meaning now this UD is on my record. How is this judgment in my favor if it’s on my record? What do I do next? Do you think I missed a step, deadline, motion, or something. I feel like I was misled somehow.
    Thanks for any ideas.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: I “prevailed” After Stipulation Due to Habitablity but Ud Now on My Record. Nexts

    Quote Quoting am2012
    View Post
    So I was told this judgment was in my favor....
    You were told that by whom? The judge? A court clerk? The village idiot?
    Quote Quoting am2012
    There was apparently and OSC and Order, Stipulation and Oath for Temporary Judge....
    An order to show cause against whom? You?
    Quote Quoting am2012
    ...but I know nothing about that, there are no details in the file.
    There's no motion in the file, no proof of service, no copy of the order.... Seriously?
    Quote Quoting am2012
    How is this judgment in my favor if it’s on my record?
    Ask the judge, clerk, village idiot, or whomever told you that judgment would be in your favor.
    Quote Quoting am2012
    What do I do next?
    If you can figure out what happened and tell us, we may be able to make suggestions. If not, consult a lawyer.

  3. #3
    Join Date
    May 2012
    Posts
    2

    Default Re: I “prevailed” After Stipulation Due to Habitablity but Ud Now on My Record. Nexts

    If I could figure out what happened I wouldn't be asking for help now would I? It is confusing so anyone with legal/court background with helpful info please reply. To answer the questions which i hope will prompt helpful suggestions: I was told the stipulation for judgment which my landlord did not comply with became a judgment in my favor by a lawyer. ; The OSC - Why case should not be dismissed was set "to determine whether this issues of the premises have been remedied" It didn't appear directed to me. The habitablility was the issue. Seriously. Perhaps they waived my notice without telling me? Yes I'm concerned i was steered wrong or left in the dark because the case is now public.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: I “prevailed” After Stipulation Due to Habitablity but Ud Now on My Record. Nexts

    Here's the thing: If you don't tell us what happened, we don't know what happened and thus cannot tell you the next step. We have no access to the court file or case history. You're asking us to take wild guesses, pretty much shooting blind. So again, if you cannot figure out what happened you will need to pay a lawyer to figure it out for you.

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