Lawyer in small claims court?

Question

i was def. proper in an unlawful detainer trial. judgment waes for def, (me) because the plaintiff breached the implied warranty of habitability .cc1941.1(d), no heat. court ruled actual rental value to be 50% with the defect. since u.d. trial is to determine tenancy, i am suing them in small claims court for retroactive rent decrease ffor the months i paid full rent (less 50%). can they have their atty, who was their atty in U.D. trial act as a witness for them in my small claims trial? also ncan someone other than the person who legally on paper is the person authorized to represent the property owner and the prop mgmt co i am suing?

Answer 1

1)  As a witness, yes.

2) They can appoint an agent.  Usually a management co. is a corporation.  As long as the representative is not an attorney, yes.

3) Judges are really strict on this, they will ask why this particular person was selected.  And it better be a good reason.

Answer 2

Corporations can have someone represent them and some states allow that to be an attorney.

But I don't see how the attorney is a witness in this case.  What did they witness?

Anyway, you probably will get tossed out on this one.  In California, as in most states, there is a requirement that you bring any related complaint against the landlord at the same time the landlord sues you.

On the other hand, either the place was uninhabitable or it is not.  The prior ruling is a bit strange.  If I was going for it, I'd go for 100%.