QUESTION
Can I go to small claims and attempt to argue my case, and do you believe based on this limited information there will be any chance for success?
Asked on Jan 24th, 2016 on Landlord and Tenant Law - California
More details to this question:
My former landlord's wife made several, false and contradictory statements while providing her testimony to the court on an assault case. These lies generated an improper ruling by the judge, and my defense had to be re-hired for a second prelim in order to get fully discharged. I have the certified court transcript of her testimony and the police report.
2 ANSWERS
You can always sue in Small Claims court but you do not give us enough information to have any idea if you will succeed. Witnesses do not tell the truth all the time while testifying, but it is very rare for a judge to refer the matter to the DA for perjury. You would have to prove that it was because of her willfully false testimony in the first hearing there was a negative result, which is very difficult to do. Also, if you sue the landlord will try to find some way to evict you or not renew your lease.
Answered on Feb 22nd, 2016 at 4:14 PM
You can, but if a judge believed her the first time he felt she was more credible than you. You'll need clear and convincing evidence of her lies and of money damages they caused.
Answered on Feb 22nd, 2016 at 8:18 AM